THE  ANAS  OF 

THOMAS  JEFFERSON. 

J79J-1809. 


The  Complete  ANAS 
of    . 

THOMAS 

JEFFERSON 

\\ 


Edited  by 
Franklin  B.  Sawvel,  Ph.D. 


Published  by 

THE  ROUND  TABLE  PRESS. 

New  York. 

1903. 


COPYRIGHTED,  1903 

BY    THE    ROUND    TABLE    PRESS 

(INCORPORATED.) 


ADVANCE  AKOUS  ce 

QREKNVILLK,    PA. 
PfllNTIMt. 


ILLUSTRATIONS 


FULL    LENGTH    PORTRAIT    THOS.   JEFFERSON,    E.    V.    ANDREWS. 

MONTICELLO,   JEFFERSON'S    HOME. 

FAC    SIMILE,    PAGE     FROM    ANAS. 

PORTRAIT  BUST  THOS.  JEFFERSON  BY  GILBERT  STUART. 

FAC    SIMILE,     PAGE    FROM    ANAS. 


Number  of  this  copy  is 


420. 


INTRODUCTION 

The  aim  in  the  preparation  of  this  volume  is  to  bring 
together  a  complete  edition  of  the  Anas  in  a  single  vol 
ume. 

We  became  fully  sensible  of  the  difficulties  to  be  met 
and  overcome  at  the  outset,  and  gave  up  the  idea  of 
making  merely  a  reprint  from  the  incomplete  and  scatter 
ed  arrangement  in  the  edition  authorized  by  Congress 
and  printed  in  1854. 

By  the  courtesy  of  the  Department  of  State  we  were 
granted  access  to  the  Jefferson  manuscripts  in  the  ar 
chives  of  the  Department  "with  the  privilege  of  copying 
for  publication."  After  comparing  former  editions  of 
Jefferson's  writings  which  contain  the  anas  with  each 
other  and  with  the  original  manuscripts,  we  feel  grati 
fied  by  the  belief  that  we  have  been  able  to  bring  to 
gether  the  first  complete  edition  in  a  single  volume  of 
these  crisp,  interesting  and  famous  private  notes,  opin 
ions  and  conjectures  of  this  celebrated  statesman  and 
author. 

Apart  from  his  methodical  habit  of  preserving  copies 
of  his  voluminous  official  correspondence,  opinions,  and 
public  documents,  Jefferson  tells  us  in  the  preface  to  the 
revised  "notes,"  that,  sometime  after  entering  upon  the 
duties  of  his  new  office  as  the  first  Secretary  of  State  in 
1789,  he  began  to  jot  down  the  "passing  transactions"  in 
aid  of  his  memory,  "on  loose  scraps  of  paper,  taken  out 
of  my  pocket  in  the  moment,  and  laid  by  to  be  copied 
fair  at  leisure,  which,  however,  they  hardly  ever  were." 
The  earliest  of  these  memoranda  bears  the  date  of  Aug. 
13,  1791.  Arid,  though  most  of  them  and  the  most  im- 


10  ANAS  of  THOMAS  JEPTERSON. 

portant  also,  were  written  between  this  date  and  Dec- 
31,  1793,  when  he  resigned  the  Secretaryship,  he  con 
tinued  to  add  "scraps"  from  time  to  time  down  to  the 
close  of  his  second  term  as  President,  the  last  bearing 
the  date  Feb.  25,  1809. 

In  the  introduction  to  his  revision  of  his  notes  in  1818, 
beginning  with  page  twenty- two  of  the  present  volume,  he 
explains  how  and  why  they  were  put  into  the  form  in 
which  they  still  exist  in  his  own  familiar  handwriting. 
In  the  revision  he  did  not  bring  together  into  a  separate 
order  or  folio  these  memoranda  of  conversations  with  his 
co-workers,  colleagues  and  opposers,  their  personal 
opinions  and  utterances,  with  his  own  replies,  inferences 
and  suspicions;  but  allowed  them  to  remain  scattered 
through  three  large  folios.  These  personal  and  private 
opinions,  a  sort  of  confidential  diary,  he  named  Anas, 
a  meaningless  and  indefinite  title.  Hence  one  difficulty 
to  the  collector  in  determining  what  to  admit  and  what 
not. 

Again,  shrinking  from  taking  too  great  liberty  with  his 
fondness  for  the  use  of  the  comma  in  punctuation,  we 
have  ventured  to  omit  or  change  one  here  and  there  only 
where  clearness  demands  the  change.  In  the  matter  of 
abbreviations  we  have  used  greater  freedom  and  followed 
the  edition  of  his  writings  edited  by  H.  A.  Washington 
and  published  by  order  of  the  Joint  Committee  of  Con 
gress  on  the  Library  in  1853-4.  Abbreviated  words  and 
phrases,  so  convenient  and  essential  in  the  haste  of  note- 
taking,  are,  therefore,  written  out  in  full.  We  have 
thought  his  method  of  abbreviation  sufficiently  inter 
esting  and  important,  however,  to  insert  one  of  the  anas 
without  change  of  any  kind  which  will  be  found  under 
date  of  Jan.  8,  1805.  We  have  also  inserted  several 
autograph  pages  for  a  like  purpose.  What  the  text 


ANAS  of  THOMAS  JEFFERSON.  11 

may  lose  in  vigor  and  freshness  is  more  than  gained 
in  grace  and  legibility. 

Jefferson  usually  writes  with  the  terseness  of  the 
journalist,  the  keen  observation  of  character  and  clear 
ness  of  the  scientist  and  philosopher,  and  the  legal  ac 
curacy  of  the  skilled  attorney.  In  the  Anas  his  style  is 
more  colloquial  and  unhesitatingly  crisp,  clear  and  vigor 
ous. 

The  critical  period  between  the  close  of  the  revolution 
and  the  final  adoption  of  the  Constitution  had,  nomi 
nally  at  least,  just  closed.  During  those  fateful  four  or 
more  years,  the  un-united  colonies  and  rising  states  had 
been  drifting,  individually  and  in  groups,  in  every  di 
rection  in  search  of  a  form  of  government  suited  to  the 
new  conditions ;  and  all  were  fast  drifting  toward  anarchy. 
As  a  continuation  of  those  turbulent,  uncertain  years, 
the  Anas  lift  the  veil  of  privacy  and  take  us  into  the  inner 
private  circle  of  that  small  group  on  whom  the  fate  of 
the  new  nation  rested  during  Washington's  first  ad 
ministration,  and  the  fifteen  following  years.  These 
were  days  of  diabolical  scheming  on  the  part  of  men  who 
were  strongly  tinctured  with  monarchical  ideas  while 
professing  to  serve  and  even  while  engaged  in  admin 
istering  the  high  functions  of  republican  government; 
days  when  the  ultimate  type  of  government  was  yet 
unsettled,  and  grave  doubts  were  held  by  the  ablest 
statesmen  at  home  and  abroad  as  to  the  final  success 
and  triumph  of  the  New  World  experiment. 

Alexander  Hamilton  was  Secretary  of  the  Treasury 
at  the  time,  Henry  Knox  Secretary  of  War,  and  Ed 
mund  Randolph  Attorney  General.  These  three,  whose 
opinions  are  so  often  referred  to  and  so  freely  inter 
preted  in  the  text,  together  with  Jefferson,  formed 
Washington's  first  Cabinet.  They  differed  widely  in 


12  ANAS  of  THOMAS  JEFFERSON. 

opinions  at  times  and  bitterly,  as  is  well  known  and 
evident.  The  impartial  student  will  read  Hamilton's 
interpretation  of  the  Constitution  in  the  Federalist 
papers  and  his  personal  opinions  and  views  as  well  as 
those  of  Adams,  and  others  on  the  perplexing  questions 
of  the  times,  in  their  own  writings  before  giving  a  final 
verdict. 

It  is  also  true  that  Jefferson  felt  that  he  stood  almost 
alone,  the  rank  republican  and  reformer,  trying  to  carry 
his  favorite  doctrine  of  natural  rights  to  the  doubtful 
eminence  of  making  them  overtop  and  include  all  other 
rights.  His  ideals  were  radical  for  the  times  and  ten 
dencies  of  which  he  writes.  But  somehow,  they  ap 
pealed  to  the  popular  and  growing  sentiment  of  the 
masses  and  ingratiated  themselves  into  the  hearts  and 
confidences  of  the  people.  J.  Wm.  Parton  says  in  his 
preface  to  his  admirable  life  of  Thomas  Jefferson:  "If 
Jefferson  was  wrong,  America  is  wrong;  if  America  is 
right,  Jefferson  was  right."  His  genius  more  than  that 
of  any  other  single  individual  put  the  seal  of  republican 
ism  on  the  nation's  character  and  institutions  and  in 
stilled  the  spirit  of  pure  democracy  into  American  life. 
*He  focused  the  democratic  elements  on  definite  objects 
and  principles  and  became  their  great  champion.  At 
the  same  time  he  was  unionist,  legislator,  skillful  diplo 
mat,  publicist,  great  commoner,  statesman  and  hus 
bandman;  castle-builder  and  idealist,  and  cunningly 
shrewd  next  to  Franklin;  at  times  he  was  scheming, 
temporizing,  timid,  cowardly,  sensitive,  morbidly  jeal 
ous  of  his  opponents  and  rivals  and  gloriously  incon 
sistent,  if  you  like.  But  his  loyalty  and  integrity  were 
never  questioned.  His  faith  was  grounded  in  the  com 
mon  people.  He  believed  that,  "the  world  is  governed 


ANAS  of  THOMAS  JEFFERSON.  13 

too    much"    and,   "  that    government    is    best    which 
governs   least." 

"Recognition  of  what  he  endeavored  to  accomplish 
explains  many  of  his  apparent  inconsistencies.  The 
dominant  principles  of  his  creed  were  that  all  powers 
belong  to  the  people,  and  that  governments,  constitu 
tions,  laws,  precedent,  and  all  other  artificial  clogs  and 
"protections,"  are  entitled  to  respect  and  obedience  only 
as  they  fulfilled  their  limited  function  of  aiding — not 
curtailing — the  greatest  freedom  of  the  individual.  For 
this  reason  he  held  that  no  power  existed  to  bind  the 
people  or  posterity,  except  by  their  own  acts.  For  this 
reason  he  was  the  strict  construer  of  the  national  consti 
tution  where  he  believed  it  destructive  of  personal 
freedom;  and  construed  it  liberally  where  it  threatened 
to  limit  the  development  of  the  people.  He  was  the 
defender  of  the  state  governments,  for  he  regarded  them 
as  a  necessary  division  for  local  self-government  and  as 
natural  checks  on  the  national  power,  and  so  a  safe 
guard  to  the  people.  That  he  appealed  to  them  in  his 
resolutions  of  1798,  was  because  he  believed  the  people 
for  once  unable  to  act  for  their  own  interest,  and  the 
theories  of  that  paper  are  a  radical  and  short-lived  con 
tradiction  of  his  true  beliefs.  Because  he  believed  the 
national  judiciary  and  the  national  bank  to  be  opposed 
to  the  will  of  the  people,  he  attacked  them.  Because 
he  believed  he  was  furthering  the  popular  will,  he  inter 
fered  in  the  legislative  department  and  changed  office 
holders.  Because  he  wished  them  free  to  think  and 
act,  he  favored  separation  from  England,  abolition  of 
slavery,  free  lands,  free  education,  freedom  of  religion, 
and  the  largest  degree  of  local  self-government.  ;  His 
methods  and  results  were  not  always  good.  His  char 
acter  and  conduct  had  many  serious  flaws.  Yet  in  some 


H  WAS  of  THOMAS  JEFFERSON. 

subtle  way  the  people  understood  him,  and  forgave  in 
him  weaknesses  and  defects  they  have  seldom  con 
doned.  And  eventually  this  judgment  will  universally 
obtain,  as  the  fact  becomes  clearer  and  clearer,  that 
neither  national  independence,  nor  state  sovereignty, 
with  the  national  and  party  rancors  that  attach  to  them, 
were  the  controlling  aim  and  attempt  of  his  life;  that  no 
party  or  temporary  advantage  was  the  object  of  his 
endeavors,  but  that  he  fought  for  the  ever  endaring  privi 
lege  of  personal  freedom."* 


Writings  of  Thomas  Jefferson,  Introduction  p.  XXI.— Paul  Leicester  Ford* 


BIOGRAPHICAL  SKETCH 

Thomas  Jefferson  was  born  in  the  foot-hills  of  the 
Blue  Ridge  Mountains  at  Shadwell  in  Albemarle  County, 
Virginia,  April  2,  1743. 

He  spent  his  entire  life,  except  when  away  on  official 
duties,  on  the  plantation  of  his  birth  and  here  died  July 
4,  1826,  aged  83  years. 

His  father,  Peter  Jefferson,  was  of  Welsh  descent  and 
made  his  own  way  in  the  world  by  sheer  force  of  char 
acter.  He  married  Jane  Randolph  of  Scotch  descent, 
a  daughter  of  one  of  the  oldest  and  proudest  of  old  Vir 
ginia  families. 

He  became  surveyor,  held  the  most  important  county 
offices,  was  a  man  of  the  people,  forceful,  and  sociable  in 
business.  He  died  Aug.  17,  l!l57,  when  Thomas  was 
fourteen. 

Thomas  was  the  oldest  son  and  inherited  most  of  his 
father's  property.  He  had  been  encouraged  by  his  father 
in  taking  much  out-door  exercise  and  life  and  was  fond 
of  shooting  and  fox  hunting  and  became  an  expert 
horseman,  even  for  a  Virginian . 

At  the  age  of  19,  he  was  graduated  from  William  and 
Mary's  College,  Williamsburg,  Va.  He  read  law  under 
Geo.  Wythe,  of  Williamsburg,  a  man  eminent  as  a  law 
yer  and  noted  as  having  had  as  students  in  his  law  office 
James  Madison,  Patrick  Henry,  and  John  Marshall  who 
afterwards  became  Secretary  of  State  and  Chief  Justice 
of  the  United  States. 

At  Williamsburg  Jefferson  associated  with  men  much 
older  than  himself,  but  men  of  ability  and  of  great  liber 
ality  in  matters  of  thought  and  religion.  ,He  inherited 


16  ANAS  of  THOMAS  JEFFERSON. 

from  his  father  1900  acres  of  land  and  forty  or  fifty 
slaves,  f  During  his  few  years  practice  of  the  law,  before 
getting  much  into  public  life  and  affairs,  he  increased  his 
Sjland  holdings  to  5000  acres. 

At  the  age  of  twenty-nine  he  married  Mrs.  Martha 
Skelton,  a  charming  young  widow  of  twenty-three.  On 
her  father's  death  soon  after  the  marriage  she  inherited 
4000  acres  together  with  one  hundred  thirty-five  slaves. 
But  in  the  ceremony  Jefferson  seems  to  have  married 
considerable  indebtedness  also,  for  he  was  still  paying 
off  the  old  debts  twenty  years  later. 
f  He  had  been  admitted  to  the  Bar,  and  began  the  prac 
tice  of  law  in  1767.  Two  years  later  he  was  elected  to 
the  House  of  Burgesses  from  his  native  County  of  Albe- 
marle,  and  in  seventeen -seventy-three  he  was  re-elected. 
The  next  advance  was  to  a  seat  in  the  Continental  Con 
gress  at  Philadelphia,  which  he  took  in  June  two  years 
later.  He  held  his  seat  in  that  memorable  body  through 
the  following  winter  and  spring,  took  a  deep  interest  in 
its  deliberations  and  served  on  a  number  of  important 
committees.  According  to  Jefferson's  account,  on  June 
10th,  1776,  John  Adams,  Dr.  Franklin,  Roger  Sherman, 
Robert  E.  Livingston  and  himself  were  appointed  a 
committee  to  prepare  a  declaration  of  independence. 
The  committee  desired  Jefferson  to  make  the  draft  which 
he  did  and  in  the  discharge  of  this  trust  prepared  the 
most  profound  public  document  ever  written — the 
Declaration  of  Independence.  It  was  approved  by  the 
committee  and  reported  by  its  illustrious  author  to 
Congress  on  Friday,  June  twenty-eighth. 

Having  been  elected  a  third  time  to  the  Legislature 
of  Virginia  from  his  native  County,  he  resigned  his  seat 
in  Congress  September  second  and  took  his  seat  in  the 
Legislature  early  in  October  of  the  same  eventful  year. 


ANAS  of  THOMAS  JEFFERSON.  17 

In  1779  he^was  chosen  Governor  of  Virginia  and  at  the 
expiration  of  his  office,  four  years  later,  was  again  elected 
to  Congress.  Next  he  succeeded  Dr.  Franklin  as  Min 
ister  to  France  in  seventeen-hundred  eighty-five  and 
remained  in  Paris  the  four  following  years;  when  on  his 
resignation  and  return  he  became  the  first  Secretary  of 
State.  His  radically  democratic  views  met  with  stern 
opposition  among  his  colleagues  in  the  Cabinet  and  he 
resigned  the  Secretaryship  the  last  day  of  December 
before  the  close  of  Washington's  first  administration. 
In  the  election  which  placed  John  Adams  in  the  Presi 
dential  chair  at  the  end  of  Washington's  second  term, 
Jefferson  had  the  next  highest  number  of  votes  and  be 
came  vice  President  and  was  thus  made  Speaker  of  the 
Senate. 

Public  sentiment  hdd  grown  so  favorable  to  his  ideas 
of  government  and  to  the  so-called  "JefTersonian  princi 
ples,"  that  he  was  elected  President  in  1801.  He  was 
re-elected  four  years  later  and  at  the  close  of  his  second 
term,  Mar.  4,  1809,  he  retired  to  his  estate  of  Monticello, 
two  miles  from  Charlottes ville,  adjoining  Shadwell  the 
spot  of  his  birth.  He  never  journeyed  outside  the  state 
again. 

The  remaining  years  of  his  life  were  not  idle  ones.  His 
views  of  education  were  as  far  in  advance  of  the  times  as 
had  been  his  ideas  of  republican  government  a  quarter 
of  a  century  before.  A  thoroughly  equipped  University 
for  his  beloved  Virginia  now  became  the  darling  of  his 
hopes  and  the  goal  of  his  ambition.  He  gave  to  it  of 
his  means,  gave  his  time  and  personal  supervision,  and 
lived  to  see  the  legislature  pass  the  act  in  1819  which 
founded  the  "University  of  Virginia."  He  was  chosen 
one  of  the  Board  of  Overseers,  was  made  its  first  regent, 


18  ANAS  of  THOMAS  JEFFERSON. 

and  saw  the  institution  formally  opened  in  the  spring 
of  1825  with  a  corps  of  able  professors  and  a  goodly  roll 
of  students. 

In  March  of  the  following  year  his  physical  health  be 
gan  to  decline.  The  great  clock  was  running  down. 
And  as  the  fiftieth  anniversary  of  the  achievement  of 
American  independence  came  on  the  sun  of  his  life,  se 
rene,  peaceful,  and  beautiful,  sank  beyond  the  clouds 
near  mid-day  of  July  4th,  1826.  Over  his  grave  was 
erected  a  modest  obelisk  of  his  own  designing  and  on 
it  was  inscribed  the  epitaph,  written  by  himself : 

"Here  was  buried  Thomas  Jefferson,  author  of  the 
Declaration  of  Independence,  of  the  Statute  of  Virginia 
for  religious  freedom,  and  father  of  the  University  of  Vir 
ginia." 

Jefferson's  manner  of  life,  while  not  ostentatious  for 
that  time  and  place,  was  elegant.  He  had  his  coach - 
and-four,  his  French  cook  and  French  dishes,  except 
during  the  first  two  years  of  his  presidency}  and  dressed 
neatly  and  elegantly. 

He  had  a  profound  belief  in  the  common  people,  he 
believed  that  an  uneducated  plowman  was  as  likely  to 
decide  rightly  on  questions  of  morals  as  a  philosopher 
and  that  the  mass  of  the  people  were  fitted  to  take  a  full 
part  in  the  government.  At  the  same  time  he  kept  his 
slaves,  loved  a  good  table  and  good  wines  and  thoroughly 
enjoyed  the  society  of  his  aristocratic  neighbors  and 
friends.]  In  fact  his  connection  with  the  masses  was  at 
**^^arm's  length.  He  craved  popularity,  was  very  sensi 
tive  to  criticism,  dreaded  and  shunned  anything  which 
involved  personal  contumacy  or  contest.  He  was  an 
elegant  writer,  yet  he  wrote  but  one  book  and  that  was 
not  originally  intended  to  be  published;  and  he  fre 
quently  asserted  that  he  never  wrote  an  article  for  the 


ANAS  of  THOMAS  JEFFERSON.  19 

newspapers.  Though  a  fine  talker  in  a  small  party,  he 
never  made  public  speeches. 

Perhaps  no  man  has  ever  been  able  to  read  and  judge 
public  sentiment  better  than  Jefferson. 

Estimates  of  his  character  differ  so  widely  and  seem 
so  irreconcilable  that  we  prefer  to  quote  from  his  bio 
graphers  and  allow  the  reader  to  form  his  own  conclu 
sions. 

"Jefferson  is  not  so  much  the  perfect  man  as  the  per 
fect  citizen.  As  a  man  he  has  his  defects;  as  a  citizen  he 
is  as  flawless  as  a  star."— -Alfr ed  Henry  Lewis,  Every 
body's  Magazine,  Dec.  1902. 

"Jefferson  is  usually  conceded  to  be  the  shrewdest 
politician  this  country  has  ever  produced,  and  he  re 
sorted  to  measures  which  would  not  be  tolerated  by  this 
generation.  His  personal  correspondence  and  the  con 
fidential  diary  which  he  kept  under  the  title  of  "Anas" 
prove  that  he  used  underhand  methods  and  was  com 
monly  engaged  in  intrigue  not  only  against  his  colleagues 
in  the  Cabinet,  but  even  against  Washington,  whose 
loyalty  and  confidence  in  him  were  complete.  He  has 
been  accused  of  'shielding  himself  like  a  coward  behind 
a  clerk  in  his  department  who  was  allowed  to  publicly 
assail  the  character  as  well  as  the  conduct  of  Washing 
ton  ;"  but  it  really  required  more  courage  for  Jefferson 
to  sustain  Freneau  under  the  circumstances  than  to  dis 
charge  him.  Further  more,  he  freely  accused  his  offi 
cial  associates  of  treason.  He  openly  charged  Hamilton 
with  conspiracy  to  overthrow  the  republic  and  set  up  a 
monarchy.  He  declared  that  Hamilton's  influence  in 
Congress  was  obtained  by  bribery  and  corruption  by 
the  use  of  government  funds  and  bonds.  No  other 
President  in  the  long  list  of  American  rulers  would  have 


20  ANAS  of  THOMAS  JEFFERSON. 

submitted  to  such  audacity,  for  Jefferson  was  anything 
but  a  coward.  But  Washington  confided  in  his  loyalty 
and  admired  his  ability,  and  his  personal  affection  was 
never  impaired,  although  their  relations  were  those  of 
the  merest  courtesy  after  Jefferson's  retirement  from 
the  Cabinet."^-CwrfrV. 

"Jefferson,  like  most  great  administrators,  had  quite 
probably  hi* crafty  side.  A  quick  discerner  of  character, 
he  was  sensible  to  every  symptom  of  personal  dislike  or 
disaffection." — "Thomas  Jefferson,"  by  James  Schouler. 

"He  dearly  loved  to  draw  up  a  plan  of  battle,  and  he 
dearly  10ved  to  see  some  one  else  do  the  fighting.  Gen 
tle,  prUaent,  politic;  he  shrank  instinct viely  from  quar 
rels,  angry  debates,  and  personal  collisions.  The  clash 
of  ideas  was  music  to  his  ears;  and,  in  marshalling  the 
cohorts  of  one  principle  against  another  on  paper  he  was 
Napoleonic.  When,  however,  it  came  to  a  clash  of  men 
or  when  the  discussion  of  ideas  degenerated  into  per 
sonalities,  Mr.  Jefferson  pref ered  to  soar  above  the  storms 
and,  let  it  rage  beneath  him." — Thomas  Jefferson,  by 
Tm>mas  E.  Watson. 

/"It  was  never  Jefferson's  habit  to  attack  others  when 
men  could  be  found  to  do  it  for  him.  When  he  wished 
to  denounce  the  Government,  he  brought  Freneau  to 
Philadelphia.  When  he  wished  to  denounce  neutrality 
he  drew  in  Madison." -f-McM aster's  History  of  the  U.  S. 

"He  shrank  with  almost  feminine  repugnance  from 
censure  and  turmoil,  but  when  the  occasion  demanded 
it,  he  faced  even  these  with  perfect  courage  and  resolu 
tion.  His  course  as  Secretary  of  State,  and  his  enforce 
ment  of  the  embargo  are  examples." — Thomas  Jef 
ferson  by  H.  C.  Merwin. 

"He  was  sometimes  insincere,  generally  prone  to  shun 
hurt  and  danger  to  himself;  but  from  the  time  when  he 


ANAS  of  THOMAS  JEFFERSON.  2  1 

began  his  great  reforms  in  the  Virginia  House  of  Bur 
gesses,  the  general  tendency  and  large  lines  of  his  pur- 
poses  and  policy  held  with  much  steadiness  in  the  noble 
direction  of  a  perfect  humanitarianism.  To  this  day 
the  multitude  cherish  and  revere  his  memory,  and  in  so 
doing  pay  a  just  debt  of  gratitude  to  a  friend  who  not 
only  served  them,  as  many  have  done,  but  who  honored 
and  respected  them,  as  very  few  have  done."  *  *  *  * 

"In  matters  of  detail  he  was  politic,  not  always  in 
genuous,  not  rigidly  truthful,  not  altogether  incapable  of 
subterfuge  and  even  meanness.  But  he  never  in  any 
stress  deserted,  or  even  temporarily  disavowed,  his  main 
principles.  He  never  lost  faith  or  courage.  Democrats 
might  commit  follies,  errors,  and  crimes,  but  he  stood 
steadfastly  by  democracy." — Jefferson  by  John  T 
Morse. 

Oct.  3rd,  1903. 


THOMAS  JEFFERSON,  BY  E.  F.  ANDREWS. 


THE  ANAS  OF 
THOMAS  JEFFERSON. 


Explanation  of    the    three    volumes    bound   in  marbled 

paper. 

In  these  three  volumes  will  be  found  copies  of  the  offi 
cial  opinions  given  in  writing  by  me  to  General  Washing 
ton  while  I  was  Secretary  of  State,  with  sometimes  the 
documents  belonging  to  the  case.  Some  of  these  are  the 
rough  draughts,  some  press  copies,  some  fair  ones.  In 
the  earlier  part  of  my  acting  in  that  office,  I  took  no 
other  note  of  the  passing  transactions;  but  after  awhile 
I  saw  the  importance  of  doing  it  in  aid  of  my  memory. 
Very  often,  therefore,  I  made  memorandums  on  loose 
scraps  of  paper,  taken  out  of  my  pocket  in  the  moment 
and  laid  by  to  be  copied  fair  at  leisure,  which,  however, 
they  hardly  ever  were.  These  scraps,  therefore,  ragged, 
rubbed,  and  scribbled  as  they  were,  I  had  bound  with 
the  others  by  a  binder  who  came  into  my  cabinet,  doing 
it  under  my  own  eye,  and  without  the  opportunity  of 
reading  a  single  paper.  At  this  day,  after  the  lapse  of 


24  ANAS  of  THOMAS  JEFFERSON. 

twenty-five  years,  or  more,  from  their  dates,  I  have 
given  to  the  whole  a  calm  revisal,  when  the  passions  of 
the  time  are  passed  away,  and  the  reasons  of  the  trans 
actions  act  alone  on  the  judgment.  Some  of  the  in 
formations  I  had  recorded  are  now  cut  out  from  the 
rest,  because  I  have  seen  that  they  were  incorrect  or 
doubtful,  or  merely  personal  or  private,  with  which  we 
have  nothing  to  do.  I  should  perhaps  have  thought 
the  rest  not  worth  preserving,  but  for  their  testimony 
against  the  only  history  of  that  period  which  pretends 
to  have  been  compiled  from  authentic  and  unpublished 
documents.  Could  these  documents  all  be  laid  upon 
the  public  eye,  they  might  be  compared,  contrasted, 
and  weighed,  and  the  truth  fairly  sifted  out  of  them, 
for  we  are  not  to  suppose  that  everything  found  among 
Gen.  Washington's  papers  is  to  be  taken  as  gospel  truth. 
Facts  indeed  of  his  own  writing  and  inditing,  must  be 
believed  by  all  who  knew  him ;  and  opinions,  which  were 
his  own,  merit  veneration  and  respect ;  for  few  men  have 
lived  whose  opinions  were  more  unbiased  and  correct, 
not  that  it  is  intended  he  never  felt  bias.  His  passions 
were  naturally  strong;  but  his  reason,  generally,  stronger. 
But  the  materials  from  his  own  pen  make  probably 
an  almost  insensible  part  of  the  mass  of  papers  which 
fill  his  presses.  He  possessed  the  love,  the  veneration 
and  confidence  of  all.  With  him  were  deposited  sus 
picions  and  certainties,  rumors  and  realities,  facts  and 
falsehoods,  by  all  those  who  were  or  who  wished  to  be 
thought  in  correspondence  with  him,  and  by  the  many 
Anonymi  who  were  ashamed  to  put  their  names  to  their 
slanders.  From  such  a  congeries,  history  may  be  made 
to  wear  any  hue,  with  which  the  passions  of  the  com 
piler,  royalist  or  republican,  may  choose  to  tinge  it.  Had 
Oen.  Washington  himself  written  from  these  materials 


ANAS  of  THOMAS  JEFFERSON.  25 

a  history  of  the  period  they  embrace,  it  would  have 
been  a  conspicuous  monument  of  the  integrity  of  his 
mind,  the  soundness  of  his  judgment,  and  its  powers  of 
discernment  between  truth  and  falsehood,  principles 
and  pretensions.  But  the  party  feelings  of  his  bio 
grapher,  to  whom  after  his  death,  the  collection  was 
confided,  have  called  from  it  a  composition  as  different 
from  what  Gen.  Washington  would  have  offered,  as  was 
the  candor  of  the  two  characters.  During  the  period 
of  the  war,  the  partiality  of  his  pen  is  displayed  in 
lavish  men ts  of  praise  on  certain  military  characters, 
who  have  done  nothing  military,  but  who  afterwards 
and  before  he  wrote,  had  become  heroes  in  party,  altho' 
not  in  war;  and  in  his  reserve  on  the  merits  of  others, 
who  rendered  signal  services  indeed,  but  did  not  earn 
his  praise  by  apostatizing  in  peace  from  the  republican 
principles  for  which  they  had  fought  in  war.  It  shows 
itself,  too,  in  the  cold  indifference  with  which  a  struggle 
for  the  most  animating  of  human  objects  is  narrated. 
No  act  of  heroism  ever  kindles  in  the  mind  of  this 
writer  a  single  aspiration  in  favor  of  the  holy  cause 
which  inspired  the  bosom  and  nerved  the  arm  of  the 
patriot  warrior.  No  gloom  of  events,  no  lowering  of 
prospects  ever  excites  a  fear  for  the  issue  of  a  contest, 
which  was  to  change  the  condition  of  man  over  the 
civilized  globe.  The  sufferings  inflicted  on  endeavors 
to  vindicate  the  rights  of  humanity  are  related  with  all 
the  frigid  insensibility  with  which  a  monk  would  have 
contemplated  the  victims  of  an  Auto  da  fe!  Let  no 
man  believe  that  Gen.  Washington  ever  intended  that 
his  papers  should  be  used  for  the  suicide  of  the  cause  for 
which  he  had  lived,  and  for  which  there  never  was  a 
moment  in  which  he  would  not  have  died.  The  abuse 
of  these  materials  is  chiefly  however  manifested  in  the 


26  ANAS  of  THOMAS  JEFFERSON. 

history  of  the  period  immediately  following  the  estab 
lishment  of  the  present  condition ;  and  nearly  with  that 
my  memorandums  begin.  Were  a  reader  of  this  period 
to  form  his  idea  of  it  from  this  history  alone,  he  would 
suppose  the  republican  party  (who  were  in  truth  en 
deavoring  to  keep  the  government  within  the  line  of 
the  condition,  and  prevent  its  being  monarchized  in 
practice)  were  a  mere  set  of  grumblers,  and  disorgan- 
izers,  satisfied  with  no  government,  without  fixed  prin 
ciples  of  any,  and  like  a  British  parliamentary  opposi 
tion,  gazing  after  loaves  and  fishes,  and  ready  to  chance 
principles,  as  well  as  a  position,  at  any  time,  with  their 
adversaries. 

But  a  short  review  of  facts,  omitted  or  uncandidly 
stated  in  this  history,  will  show,  that  the  contests  of  that 
day  were  contests  of  principle  between  the  advocates 
of  republican  and  those  of  kingly  government,  and  that 
had  not  the  former  made  the  efforts  they  did,  our  gov 
ernment  would  have  been,  even  at  this  early  day,  a  very 
different  thing  from  what  the  successful  issue  of  those 
efforts  have  made  it. 

The  alliance  between  the  States  under  the  old  Articles 
of  Confederation,  for  the  purpose  of  joint  defence  against 
the  aggression  of  Great  Britain,  was  found  insufficient, 
as  treaties  of  alliance  generally  are,  to  enforce  com 
pliance  with  their  mutual  stipulations;  and  these,  once 
fulfilled,  that  bond  was  to  expire  of  itself,  and  each  State 
to  become  sovereign  and  independent  in  all  things. 
Yet  it  could  not  but  occur  to  every  one  that  these  sepa 
rate  independencies,  like  the  petty  States  of  Greece, 
would  be  eternally  at  war  with  each  other,  and  would 
become  at  length  the  mere  partisans  and  satellites  of 
the  leading  powers  of  Europe.  All  then  must  have 
looked  forward  to  some  further  bond  of  union  which 


AVAS  of  THOMAS  JEFFERSON.  27 

would  insure  eternal  peace,  and  a  political  system  of  our 
own,  independent  of  that  of  Europe.  Whether  all 
should  be  consolidated  into  a  single  government,  or 
each  remain  independent  as  to  internal  matters,  and 
the  whole  form  a  single  nation  as  to  what  was  foreign 
only,  and  whether  that  national  government  should  be 
a  monarchy  or  republic,  would  of  course  divide  opinions 
according  to  the  constitutions,  the  habits,  and  the  cir 
cumstances  of  each  individual.  Some  officers  of  the 
army,  as  it  has  always  been  said  and  believed,  (and 
Steuben  and  Knox  have  ever  been  named  as  the  leading 
agents,)  trained  to  monarchy  by  military  habits,  are 
understood  to  have  proposed  to  General  Washington 
to  decide  this  great  question  by  the  army  before  its  dis- 
bandment  and  to  assume  himself  the  crown  on  the 
assurance  of  their  support.  The  indignation  with 
which  he  is  said  to  have  scouted  this  parricide  pro 
position  was  equally  worthy  of  his  virtue  and  wisdom. 
The  next  effort  was,  (on  suggestion  of  the  same  indi 
viduals,  in  the  moment  of  their  separation,)  the  estab 
lishment  of  an  hereditary  order  under  the  name  of  the 
Cincinnati,  ready  prepared  by  that  distinction  to  be 
ingrafted  into  the  future  frame  of  government,  and 
placing  General  Washington  still  at  their  head.  The 
General*  wrote  to  me  on  this  subject  while  I  was  in  Con 
gress  at  Annapolis  and  an  extract  from  my  letter  is  in 
serted  in  5th  Marshall's  history,  page  28.  He  after 
wards  called  on  me  at  that  place  on  his  way  to  a  meeting 
of  the  society,  and  after  a  whole  evening  of  consultation, 
he  left  that  place  fully  determined  to  use  all  his  en 
deavors  for  its  total  suppression.  But  he  found  it  so 
firmly  riveted  in  the  affections  of  the  members,  that, 


'ee  his  letter,  Apr.  8,  1784.        T.  J. 


28  ANAS  of  THOMAS  JEFFERSON. 

strengthened  as  they  happened  to  be  by  an  adventitious 
occurrence  of  the  moment,  he  could  effect  no  more  than 
the  abolition  of  its  hereditary  principle.  He  called 
again  on  his  return,  and  explained  to  me  fully  the  oppo 
sition  which  had  been  made,  the  effect  of  the  occurence 
from  France,  and  the  difficulty  with  which  its  duration 
had  been  limited  to  the  lives  of  the  present  members. 
Further  details  will  be  found  among  my  papers,  in  his 
and  my  letters,  and  some  in  the  Ency clop ediaMethodique 
et  Dictionnaire  d'  Economic  Politique,  communicated 
by  myself  to  M.  Meusnier,  it's  author,  who  had  made  the 
establishment  of  this  society  the  ground,  in  that  work, 
of  a  libel  on  our  country. 

The  want  of  some  authority  which  should  procure 
justice  to  the  public  creditors,  and  an  observance  of 
treaties  with  foreign  nations,  produced  some  time  after, 
the  call  of  a  convention  of  the  States  at  Annapolis.  Al 
though  at  this  meeting  a  difference  of  opinion  was  evi 
dent  on  the  question  of  a  republican  or  kingly  govern 
ment,  yet,  so  general  through  the  States  was  the  senti 
ment  in  favor  of  the  former  that  the  friends  of  the  latter 
confined  themselves  to  a  course  of  obstruction  only,  and 
delay  to  everything  proposed;  they  hoped  that  nothing 
being  done,  and  all  things  going  from  bad  to  worse,  a 
kingly  government  might  be  usurped  and  submitted  to 
by  the  people,  as  better  than  anarchy  and  wars  internal 
and  external,  the  certain  consequences  of  the  present 
want  of  a  general  government.  The  effect  of  their 
manoeuvres,  with  the  defective  attendance  of  Deputies 
from  the  States,  resulted  in  the  measure  of  calling  a 
more  general  convention  to  be  held  at  Philadelphia. 
At  this  the  same  party  exhibited  the  same  practices  and 
with  the  same  views  of  preventing  a  government  of  con 
cord,  which  they  foresaw  would  be  republican,  and  of 


of  THOMAS  JEFFERSON.  29 


forcing  through  anarchy  their  way  to  monarchy.  But 
the  mass  of  that  convention  was  too  honest,  too  wise 
and  too  steady,  to  be  baffled  and  misled  by  their  man 
oeuvres.  One  of  these  was  a  form  of  government  proposed 
by  Colonel  Hamilton,  which  would  have  been  in  fact  a 
compromise  between  the  two  parties  of  royalism  and 
republicanism.  According  to  this  the  executive  and 
one  branch  of  the  legislature  were  to  be  during  good 
behavior,  i.  e.  for  life,  and  the  governors  of  the  States 
were  to  be  named  by  these  two  permanent  organs.  This, 
however,  was  rejected;  on  which  Hamilton  left  the  con 
vention,  as  desperate  and  never  returned  again  until  near 
its  final  conclusion.  These  opinions  and  efforts,  secret 
or  avowed,  of  the  advocates  for  monarchy,  had  begotten 
great  jealousy  through  the  States  generally;  and  this 
jealousy  it  was  which  excited  the  strong  opposition  to 
the  conventional  constitution;  a  jealousy  which  yielded 
at  last  only  to  a  general  determination  to  establish  cer 
tain  amendments  as  barriers  against  a  government  either 
monarchical  or  consolidated.  In  what  passed  through 
the  whole  period  of  these  conventions,  I  have  gone  on 
the  information  of  those  who  were  members  of  them 
being  absent  myself  on  my  mission  to  France. 

I  returned  from  that  mission  in  the  first  year  of  the 
new  government,  having  landed  in  Virginia  in  December, 
1789,  and  proceeded  to  New  York  in  March,  1790,  to 
enter  on  the  office  of  Secretary  of  State.  Here,  certainly, 
I  found  a  state  of  things  which,  of  all  I  had  ever  con 
templated,  I  the  least  expected.  I  had  left  France  in 
the  first  year  of  her  revolution,  in  the  fervor  of  natural 
rights,  and  zeal  for  reformation.  My  conscientious 
devotion  to  these  rights  could  not  be  heightened,  but 
it  had  been  aroused  and  excited  by  daily  exercise.  The 
President  received  me  cordially,  and  my  colleagues  and 


30  ANAS  of  THOMAS  JEFFERSON. 

the  circle  of  principal  citizens  apparently  with  welcome. 
The  courtesies  of  dinner  parties  given  me,  as  a  stranger 
newly  arrived  among  them,  placed  me  at  once  in  their 
familiar  society.  But  I  cannot  describe  the  wonder  and 
mortification  with  which  the  table  conversations  filled 
me.  Politics  were  the  chief  topic,  and  a  preference  of 
kingly  over  republican  government  was  evidently  the 
favorite  sentiment.  An  apostate  I  could  not  be,  nor  yet 
a  hypocrite;  and  I  found  myself,  for  the  most  part,  the 
only  advocate  on  the  republican  side  of  the  question, 
unless  among  the  guests  there  chanced  to  be  some  mem 
ber  of  that  party  from  the  legislative  Houses.  Hamil 
ton's  financial  system  had  then  passed.  It  had  two  ob 
jects;  1st,  as  a  puzzle,  to  exclude  popular  understanding 
and  inquiry;  2nd,  as  a  machine  for  the  corruption  of  the 
legislature;  for  he  avowed  the  opinion  that  man  could 
be  governed  by  one  of  two  motives  only,  force  or  inter 
est;  force  he  observed,  in  this  country  was  out  of  the 
question,  and  the  interests,  therefore,  of  the  members 
must  be  laid  hold  of,  to  keep  the  legislative  in  unison 
with  the  executive.  And  with  grief  and  shame  it  must 
be  acknowledged  that  his  machine  was  not  without 
effect;  that  even  in  this,  the  birth  of  our  government, 
some  members  were  found  sordid  enough  to  bend  their 
duty  to  their  interests,  and  to  look  after  personal  rather 
than  public  good. 

It  is  well  known  that  during  the  war  the  greatest 
difficulty  we  encountered  was  the  want  of  money  or 
means  to  pay  our  soldiers  who  fought,  or  our  farmers, 
manufacturers  and  merchants,  who  furnished  the  neces 
sary  supplies  of  food  and  clothing  for  them.  After  the 
expedient  of  paper  money  had  exhausted  itself,  certifi 
cates  of  debt  were  given  to  the  individual  creditors  with 
assurance  of  payment  so  soon  as  the  United  States 


ANAS  of  THOMAS  JEFFERSON.  31 

should  be  able.  But  the  distresses  of  these  people  often 
obliged  them  to  part  with  these  for  the  half,  the  fifth,  ) 
and  even  a  tenth  of  their  value;  and  speculators  had 
made  a  trade  of  cozening  them  from  the  holders  by  the 
most  fraudulent  practices,  and  persuasions  that  they 
would  never  be  paid.  In  the  bill  for  funding  and  paying 
these,  Hamilton  made  no  difference  between  the  original 
holders  and  the  fraudulent  purchasers  of  this  paper. 
Great  and  just  repugnance  arose  at  putting  these  two 
classes  of  creditors  on  the  same  footing,  and  great  exer 
tions  were  used  to  pay  the  former  the  full  value,  and  to 
the  latter,  the  price  only  which  they  had  paid  with  inter 
est.  But  this  would  have  prevented  the  game  which 
was  to  be  played,  and  for  which  the  minds  of  greedy 
members  were  already  tutored  and  prepared.  When 
the  trial  of  strength  on  these  several  efforts  had  indi 
cated  the  form  in  which  the  bill  would  finally  pass,  this 
being  known  within  doors  sooner  than  without,  and 
especially,  than  to  those  who  were  in  distant  parts  of  the 
Union,  the  base  scramble  began.  Couriers  and  relay 
horses  by  land  and  swift  sailing  pilot  boats  by  sea,  were 
flying  in  all  directions.  Active  partners  and  agents  were 
associated  and  employed  in  every  State,  town,  and 
country  neighborhood,  and  this  paper  was  bought  up  at 
five  shillings,  and  even  as  low  as  two  shillings  in  the 
pound,  before  the  holder  knew  that  Congress  had  al 
ready  provided  for  its  redemption  at  par.  Immense 
sums  were  thus  filched  from  the  poor  and  ignorant  and 
fortunes  accumulated  by  those  who  had  themselves  been 
poor  enough  before.  Men  thus  enriched  by  the  dexter 
ity  of  a  leader,  would  follow  of  course  the  chief  who  was 
leading  them  to  fortune  and  become  the  zealous  instru 
ments  of  all  his  enterprises. 

This  game  was  over,  and  another  was  on  the  carpet 


32  ANAS  of  THOMAS  JEFFERSON. 

at  the  moment  of  my  arrival;  and  to  this  I  was  most 
ignorantly   and  innocently  made  to  hold   the  candle. 
This  fiscal  manoeuvre  is  well  known  by  the  name  of  the 
Assumption.     Independently  of  the  debts  of  Congress, 
the  States  had  during  the  war  contracted  separate  and 
heavy   debts;   and    Massachusetts    particularly,    in    an 
absurd   attempt,   absurdly  conducted,   on   the    British 
post  of  Penobscott:  and  the  more  debt  Hamilton  could 
rake  up  the  more  plunder  for  his  mercenaries.     This 
money,  whether  wisely  or  foolishly  spent,  was  pretended 
to  have  been  spent  for  general  purposes,  and  ought, 
therefore,  to  be  paid  from  the  general  purse.     But  it  was 
objected  that  nobody  knew  what  these  debts  were,  what 
their  amount,  or  what  their  proofs.     No  matter;  we  will 
guess  them  to  be  twenty  millions.     But  of  these  twenty 
millions,  we  do  not  know  how  much  should  be  reim 
bursed  to   one   State,    or  how   much   to   another.     No 
matter;  we  will  guess.     And  so  another  scramble  was 
set  on  foot  among  the  several  States,   and  some  got 
much,  some  little,  some  nothing.     But  the  main  object 
was  obtained,    the   phalanx  of  the   Treasury   was   re 
inforced    by    additional    recruits.     This    measure    pro 
duced  the  most  bitter  and  angry  contest  ever  known 
in  Congress,  before  or  since  the  Union  of   the  States. 
I  arrived  in  the.  midst  of  it.     But  a    stranger  to  the 
ground,  a  stranger  to  the  actors  on  it,  so  long  absent  as 
to  have  lost  all  familiarity  with  the  subject,  and  as  yet 
unaware  of  its  object,  I  took  no  concern  in  it.     The  great 
and  trying  question,  however,  was  lost  in  the  House  of 
Representatives.     So  high  were  the  feuds  excited  by 
this  subject,  that  on  its  rejection  business  was  suspended. 
Congress  met  and  adjourned  from  day  to  day  without 
doing  any  thing,  the  parties  being  too  much  out  of  tem 
per  to  do  business  together.     The  eastern  members  par- 


ANAS  of  THOMAS  JEFFERSON.  33 

ticularly,  who,  with  Smith  from  South  Carolina,  were 
the  principal  gamblers  in  these  scenes,  threatened  a 
secession  and  dissolution.  Hamilton  was  in  despair. 
As  I  was  going  to  the  President's  one  day,  I  met  him  in 
the  street.  He  walked  me  backwards  and  forwards 
before  the  President's  door  for  half  an  hour.  He 
painted  pathetically  the  temper  into  which  the  legisla 
ture  had  been  wrought;  the  disgust  of  those  who  were 
called  the  creditor  States ;  the  danger  of  the  secession  of 
their  members,  and  the  separation  of  the  States.  He 
observed  that  the  members  of  the  administration  ought 
to  act  in  concert;  that  though  this  question  was  not  of 
my  department,  yet  a  common  duty  should  make  it  a 
common  concern;  that  the  President  was  the  centre  on 
which  all  administrative  questions  ultimately  rested, 
and  that  all  of  us  should  rally  around  him,  and  support, 
with  joint  efforts,  measures  approved  by  him;  and  that 
the  question  having  been  lost  by  a  small  majority  only, 
it  was  probable  that  an  appeal  from  me  to  the  judgment 
and  discretion  of  some  of  my  friends,  might  effect  a 
change  in  the  vote,  and  the  machine  of  government,  now 
suspended,  might  be  again  set  into  motion.  I  told  him 
that  I  was  really  a  stranger  to  the  whole  subject;  that 
not  having  yet  informed  myself  of  the  system  of  finances 
adopted,  I  knew  not  how  far  this  was  a  necessary  se 
quence;  that  undoubtedly,  if  its  rejection  endangered 
a  dissolution  of  our  Union  at  this  incipient  stage,  I 
should  deem  that  the  most  unfortunate  of  all  conse 
quences,  to  avert  which  all  partial  and  temporary  evils 
should  be  yielded.  I  proposed  to  him,  however,  to  dine 
with  me  the  next  day,  and  I  would  invite  another  friend 
or  two,  bring  them  into  conference  together,  and  I 
thought  it  impossible  that  reasonable  men,  consulting 
together  coolly,  could  fail,  by  some  mutual  sacrifices 


34  ANAS  of  THOMAS  JEFFERSON. 

of  opinion,  to  form  a  compromise  which  was  to  save  the 
Union.  The  discussion  took  place.  I  could  take  no 
part  in  it  but  an  exhortatory  one,  because  I  was  a 
stranger  to  the  circumstances  which  should  govern  it. 
But  it  was  finally  agreed,  that  whatever  importance 
had  been  attached  to  the  rejection  of  this  proposition, 
the  preservation  of  the  Union  and  of  concord  among  the 
States  was  more  important,  and  that  therefore  it  would 
be  better  that  the  vote  of  rejection  should  be  rescinded, 
to  effect  which,  some  members  should  change  their 
votes.  But  it  was  observed  that  this  pill  would  be 
peculiarly  bitter  to  the  southern  States,  and  that  some 
concomitant  measure  should  be  adopted,  to  sweeten  it 
a  little  to  them.  There  had  before  been  propositions 
to  fix  the  seat  of  government  either  at  Philadelphia,  or  at 
Georgetown  on  the  Potomac;  and  it  was  thought  that 
by  giving  it  to  Philadelphia  for  ten  years,  and  to  George 
town  permanently  afterwards,  this  might,  as  an  anodyne, 
calm  in  some  degree  the  ferment  which  might  be  ex 
cited  by  the  other  measure  alone.  So  two  of  the  Poto 
mac  members  (White  and  Lee,  but  White  with  a  re 
vulsion  of  stomach  almost  convulsive,)  agreed  to  change 
their  votes,  and  Hamilton  undertook  to  carry  the  other 
point.  In  doing  this,  the  influence  he  had  established 
over  the  eastern  members,  with  the  agency  of  Robert 
Morris  with  those  of  the  middle  States,  effected  his  side 
of  the  engagement;  and  so  the  Assumption  was  passed, 
and  twenty  millions  of  stock  divided  among  favored 
States  and  thrown  in  as  a  pabulum  to  the  stock- jobbing 
herd.  This  added  to  the  number  of  votaries  to  the 
Treasury,  and  made  its  chief  the  master  of  every  vote 
in  the  legislature,  which  might  give  to  the  government 
the  direction  suited  to  his  political  views. 

I   know  well,  and  so  must  be  understood,  that  noth- 


ANAS  of  THOMAS  JEFFERSON.  35 

ing  like  a  majority  in  Congress  had  yielded  to  this  cor 
ruption.  Far  from  it.  But  a  division,  not  very  un 
equal,  had  already  taken  place  in  the  honest  part  of 
that  body,  between  the  parties  styled  republican  and 
federal.  The  latter  being  monarchists  in  principle, 
adhered  to  Hamilton  of  course  as  their  leader  in  that 
principle,  and  this  mercenary  phalanx  added  to  them, 
insured  him  always  a  majority  in  both  Houses :  so  that 
the  whole  action  of  legislature  was  now  under  the  di 
rection  of  the  Treasury.  Still  the  machine  was  not 
complete.  The  effect  of  the  funding  system,  and  of 
the  Assumption,  would  be  temporary;  it  would  be  lost 
with  the  loss  of  the  individual  members  whom  it  has 
enriched,  and  some  engine  of  influence  more  permanent 
must  be  contrived,  while  these  myrmidons  were  yet  in 
place  to  carry  it  through  all  opposition.  This  engine 
was  the  Bank  of  the  United  States.  All  that  history  is 
known,  so  I  shall  say  nothing  about  it.  While  the 
government  remained  at  Philadelphia,  a  selection  of 
members  of  both  Houses  were  constantly  kept  as  di 
rectors  who,  on  every  question  interesting  to  that  in 
stitution,  or  to  the  views  of  the  federal  head,  voted  at 
the  will  of  that  head;  and,  together  with  the  stock 
holding  members,  could  always  make  the  federal  vote 
that  of  the  majority.  By  this  combination,  legislative 
expositions  were  given  to  the  constitution,  and  all  the 
administrative  laws  were  shaped  on  the  model  of  Eng 
land,  and  so  passed.  And  from  this  influence  we  were 
not  relieved  until  the  removal  from  the  precincts  of  the 
bank  to  Washington. 

Here  then  was  the  real  ground  of  the  opposition  which 
was  made  to  the  course  of  administration.  Its  object 
was  to  preserve  the  legislature  pure  and  independent  of 
the  executive,  to  restrain  the  administration  to  republi- 


36  ANAS  of  THOMAS  JEFFERSON. 

can  forms  and  principles,  and  not  permit  the  constitu 
tion  to  be  construed  into  a  monarchy,  and  to  be  warped, 
in  practice,  into  all  the  principles  and  pollutions  of  their 
favorite  English  model.  Nor  was  this  an  opposition  to 
General  Washington.  He  was  true  to  the  republican 
charge  confided  to  him ;  and  has  solemnly  and  repeatedly 
protested  to  me,  in  our  conversations,  that  he  would 
lose  the  last  drop  of  his  blood  in  support  of  it;  and  he 
did  this  the  oftener  and  with  the  more  earnestness,  be 
cause  he  knew  my  suspicions  of  Hamilton's  designs 
against  it,  and  wished  to  quiet  them.  For  he  was  not 
aware  of  the  drift,  or  of  the  effect  of  Hamilton's  schemes. 
Unversed  in  financial  projects  and  calculations  and 
budgets,  his  approbation  of  them  was  bottomed  on  his 
confidence  in  the  man. 

But  Hamilton  was  not  only  a  monarchist,  but  for  a 
monarchy  bottomed  on  corruption,  j  In  proof  of  this 
I  will  relate  an  anecdote,  for  the  truth  of  which,  I  attest 
the  God  who  made  me.  Before  the  President  set  out< 
on  his  southern  tour  in  April,  1791,  he  addressed  a  letter 
of  the  fourth  of  that  month,  from  Mount  Vernon,  to  the 
Secretaries  of  State,  Treasury  and  War,  desiring  that 
if  any  serious  and  important  cases  should  arise  during 
his  absence,  they  would  consult  and  act  on  them.  And 
he  requested  that  the  Vice  President  should  also  be  con 
sulted.  This  was  the  only  occasion  on  which  that 
officer  was  ever  requested  to  take  part  in  a  cabinet 
question.  Some  occasion  for  consultation  arising,  I 
invited  those  gentlemen  (and  the  Attorney  General, 
as  well  as  I  remember,)  to  dine  with  me,  in  order  to 
confer  on  the  subject.  After  the  cloth  was  removed, 
and  our  question  agreed  and  dismissed,  conversation 
began  on  other  matters,  and  by  some  circumstance,  was 
led  to  the  British  constitution,  on  which  Mr.  Adams 


ANAS  of  THOMAS  JEFFERSON.  37 

observed,  "purge  that  constitution  of  its  corruption, 
and  give  to  its  popular  branch  equality  of  representa 
tion,  and  it  would  be  the  most  perfect  constitution  ever 
devised  by  the  wit  of  man."  Hamilton  paused  and 
said,  "purge  it  of  its  corruption,  and  give  to  its  popular 
branch  equality  of  representation,  and  it  would  become 
an  impracticable  government:  as  it  stands  at  present, 
with  all  its  supposed  defects,  it  is  the  most  perfect  gov 
ernment  which  ever  existed."  And  this  was  assuredly 
the  exact  line  which  separated  the  political  creeds  of 
these  two  gentlemen.  The  one  was  for  two  hereditary 
branches  and  an  honest  elective  one:  the  other,  for  an 
hereditary  King,  with  a  House  of  Lords  and  Commons 
corrupted  to  his  will,  and  standing  between  him  and 
the  people.  Hamilton  was,  indeed,  a  singular  char 
acter.  Of  acute  understanding,  disinterested,  honest, 
and  honorable  in  all  private  transactions,  amiable  in 
society,  and  duly  valuing  virtue  in  private  life,  yet  so 
bewitched  and  perverted  by  the  British  example  as  to 
be  under  thorough  conviction  that  corruption  was  es 
sential  to  the  government  of  a  nation.  Mr.  Adams  had 
originally  been  a  republican.  The  glare  of  royalty  and 
nobility,  during  his  mission  to  England,  had  made  him 
believe  their  fascination  a  necessary  ingredient  in 
government;  and  Shay's  rebellion,  not  sufficiently  under 
stood  where  he  then  was,  seemed  to  prove  that  the 
absence  of  want  and  oppression  was  not  a  sufficient 
guarantee  of  order.  His  book  on  the  American  con 
stitution  having  made  known  his  political  bias,  he  was 
taken  up  by  the  monarchical  federalists  in  his  absence, 
and  on  his  return  to  the  United  States,  he  was  by  them 
made  to  believe  that  the  general  disposition  of  our  citi 
zens  was  favorable  to  monarchy.  He  here  wrote  his 
Davila,  as  a  supplement  to  a  former  work,  and  his 


38  ANAS  of  THOMAS  JEFFERSON. 

election  to  the  Presidency  confirmed  him  in  his  errors. 
Innumerable  addresses  too,  artfully  and  industriously 
poured  in  upon  him,  deceived  him  into  a  confidence 
that  he  was  on  the  pinnacle  of  popularity,  when  the 
gulf  was  yawning  at  his  feet  which  was  to  swallow  up 
him  and  his  deceivers.  For  when  General  Washington 
was  withdrawn,  these  energumeni  of  royalism,  kept  in 
check  hitherto  by  the  dread  of  his  honesty,  his  firm 
ness,  his  patriotism,  and  the  authority  of  his  name,  now 
mounted  on  the  car  of  State  and  free  from  control,  like 
Phaeton  on  that  of  the  sun,  drove,  headlong  and  wild, 
looking  neither  to  right  nor  left,  nor  regarding  anything 
but  the  objects  they  were  driving  at;  until,  displaying 
these  fully,  the  eyes  of  the  nation  were  opened,  and  a 
general  disbandment  of  them  from  the  public  councils 
took  place. 

Mr.  Adams,  I  am  sure,  has  been  long  since  convinced 
of  the  treacheries  with  which  he  was  surrounded  during 
his  administration.  He  has  since  thoroughly  seen  that 
his  constituents  were  devoted  to  republican  government, 
and  whether  his  judgment  is  re-settled  on  its  ancient 
basis,  or  not,  he  is  conformed  as  a  good  cilizen  to  the 
will  of  the  majority,  and  would  now,  I  am  persuaded, 
maintain  its  republican  structure  with  the  zeal  and 
fidelity  belonging  to  his  character.  For  even  an  enemy 
has  said,  "he  is  always  an  honest  man,  and  often  a  great 
one."  But  in  the  fervor  of  the  fury  and  follies  of  thosrt 
who  made  him  their  stalking  horse,  no  man  who  did 
not  witness  it  can  form  an  idea  of  their  unbridled  mad 
ness,  and  the  terrorism  with  which  they  surrounded 
themselves.  The  horrors  of  the  French  revolution, 
then  raging,  aided  them  mainly,  and  using  that  as  a 
raw  head  and  bloody  bones,  they  were  enabled  by  their 
stratagems  of  X.  Y.  £.  in  which  this  historian  was  a 


ANAS  of  THOMAS  JEFFERSON.  39 

leading  mountebank,  their  tales  of  tub-plots,  ocean 
massacres,  bloody  buoys,  and  pulpit  lyings  and  slander 
ing,  and  maniacal  ravings  of  their  Gardeners,  their 
Osgoods  and  Parishes,  to  spread  alarm  into  all  but  the 
firmest  breasts.  Their  Attorney  General  had  the  im 
pudence  to  say  to  a  republican  member  that  deporta 
tion  must  be  resorted  to,  of  which,  said  he,  "you  re 
publicans  have  set  the  example;"  thus  daring  to  identify 
us  with  the  murderous  Jacobins  of  France.  These  trans 
actions  now  recollected  but  as  dreams  of  the  night,  were 
then  sad  realities;  and  nothing  rescued  us  from  their 
liberticide  effect  but  the  unyielding  opposition  of  those 
firm  spirits  who  sternly  maintained  their  post  in  defi 
ance  of  terror  until  their  fellow  citizens  could  be  aroused 
to  their  own  danger,  and  rally  and  rescue  the  standard 
of  the  constitution.  This  has  been  happily  done. 
Federalism  and  rnonarchism  have  languished  from  that 
moment,  until  their  treasonable  combinations  with  the 
enemies  of  their  country  during  the  late  war,  their  plots 
of  dismembering  the  Union,  and  their  Hartford  con 
vention,  have  consigned  them  to  the  tomb  of  the  dead; 
and  I  fondly  hope,  we  may  now  truly  say,  "we  are  all 
republicans,  all  federalists,"  and  that  the  motto  of  the 
standard  to  which  our  country  will  forever  rally,  will  be, 
"federal  union,  and  republican  government;"  and  sure 
I  am,  we  may  say  that  we  are  indebted  for  the  pre 
servation  of  this  point  of  ralliance,  to  that  opposition  of 
which  so  injurious  an  idea  is  so  artfully  insinuated  and 
excited  in  this  history. 

Much  of  this  relation  is  notorious  to  the  world;  and 
many  intimate  proofs  of  it  will  be  found  in  these  notes. 
From  the  moment  where  they  end,  of  my  retiring  from 
the  administration,  the  federalists*  got  unchecked  hold 

*See  note  of  Oct.  i,  1792,  T.  J. 


1 


40  ANAS  of  THOMAS  JEFFERSON. 

of  General  Washington.  His  memory  was  already 
sensibly  impaired  by  age,  the  firm  tone  of  mind  for 
which  he  had  been  remarkable  was  beginning  to  relax, 
it's  energy  was  abated;  a  listlessness  of  labor,  a  desire 
for  tranquillity  had  crept  on  him,  and  a  willingness  to 
let  others  act  and  even  think  for  him.  Like  the  rest  of 
mankind,  he  was  disgusted  with  atrocities  of  the  French 
revolution,  and  was  not  sufficiently  aware  of  the  differ 
ence  between  the  rabble  who  were  used  as  instruments 
of  their  perpetration,  and  the  steady  and  rational  char 
acter  of  the  American  people  in  which  he  had  not  suffi 
cient  confidence.  The  opposition  too  of  the  republicans 
to  the  British  treaty,  and  the  zealous  support  of  the 
federalists  in  that  unpopular  but  favorite  measure  of 
theirs,  had  made  him  all  their  own.  Understanding, 
moreover,  that  I  disapproved  of  that  treaty,  and  cop- 
iously  nourished  with  falsehoods  by  a  malignant  n  gh- 
tor  of  mine,  who  ambitioned  to  be  his  correspondent, 
he  had  become  alienated  from  myself  personally,  as, 
from  the  republican  body  generally  of  his  fellow-citizens ; 
and  he  wrote  the  letters  to  Mr.  Adams,  and  Mr.  Carroll, 
over  which,  in  devotion  to  his  imperishable  fame,  we 
must  forever  weep  as  monuments  of  mortal  decay. 
February  4th,  1818. 


Notes  on  the  Vth  Vol.  of  Marshall'1  s  Life  of  Washington. 


P.  2.  The  practicability  of  perpetuating  his  author 
ity,  etc.  I  am  satisfied  Gen.  Washington  had  not 
a  wish  to  perpetuate  his  authority.  But  he  who  sup 
poses  it  was  practicable,  had  he  wished  it,  knows  noth 
ing  of  the  spirit  of  America,  either  of  the  people  or  of 
those  who  professed  their  confidence.  There  was, 
indeed,  a  cabal  of  the  officers  of  the  army  who  proposed 
to  establish  a  monarchy  and  to  propose  it  to  Gen.  Wash 
ington.  He  frowned  indignantly  at  the  proposition 
according  to  the  information  which  got  abroad,  and 
Rufus  King  and  some  few  civil  characters,  chiefly,  in 
deed,  I  believe  to  a  man  north  of  Maryland,  who  joined 
in  this  intrigue;  but  they  never  dared  openly  to  avow 
it,  knowing  that  the  spirit  which  had  produced  a  change 
in  the  form  of  government  was  alive  to  the  preserving  of 
it. 

P.  28.  The  member  of  Congress  here  alluded  to  was 
myself,  and  the  extract  quoted  was  part  of  a  letter  from 
myself  in  answer  to  one  Gen.  Washington  wrote.  Gen. 
Washington  called  on  me  at  Annapolis  (where  I  then  was 
as  a  member  of  Congress)  on  his  way  to  the  meeting  of 
the  Cincinnati  in  Philadelphia.  We  had  much  conver 
sing  on  the  institution  which  was  chiefly  an  anticipation 
of  the  sentiments  in  our  letters.  And  in  conclusion, 
after  I  had  stated  to  him  the  modifications  which  I 


1 


42  ANAS  of  THOMAS  JEFFERSON.  1791 

thought  might  remove  all  jealousy  as  well  as  danger  and 
the  parts  which  might  still  be  retained,  he  appeared  to 
make  up  his  mind  and  said,  "No,  not  a  fiber  of  it  must 
be  retained;  no  half  way  reformation  will  suffice.  If 
the  thing  be  bad  it  must  be  totally  abolished,"  and  he 
declared  his  determination  to  use  his  utmost  endeavors 
to  have  it  entirely  abolished.  On  his  return  from  Phila 
delphia,  he  called  on  me  again  at  Annapolis  and  sat  with 
me  tUl  a  very  late  hour  in  the  night,  giving  me  an  ac 
count  of  what  passed  in  their  convention. 

The  sum  of  it  was  that  he  had  exerted  his  whole  in 
fluence  in  every  way  in  his  power  to  procure  an  abolition ; 
that  the  opposition  to  it  was  extreme  and  especially 
from  some  of  the  younger  members,  but  that  after 
several  days  of  struggle  within  doors  and  without,  a 
general  sentiment  obtained  for  its  entire  abolition. 
Whether  any  vote  had  been  taken  on  it  or  not,  I  do  not 
remember,  but  his  affirmation  to  me  was  that  within 
a  few  days,  I  think  he  said  2  or  3,  it  would  have  been 
formally  abolished.  Just  in  that  moment  arrived  Major 
I/enfant,  who  had  been  sent  to  France  to  procure  the 
eagles  and  to  offer  the  order  to  the  French  officers  who 
had  served  in  America.  He  brought  the  King's  per 
mission  to  his  officers  to  accept  it,  the  letters  of  thanks 
of  these  officers  accepting  it,  letters  of  solicitation  from 
other  officers  to  obtain  it  and  the  eagles  themselves. 
The  effect  of  all  this  on  the  minds  of  the  members  was 
to  undo  much  of  what  had  been  done,  to  re-kindle  all 
the  passion  which  had  produced  the  institution  and 
silence  all  the  dictates  of  prudence  which  had  been 
operating  for  its  abolition.  After  this  the  General  said 
the  utmost  that  could  be  effected  was  the  modification 
which  took  place  which  provided  for  its  extinction  with 
the  deaths  of  the  existing  members.  He  declined  the 


1791  ANAS  of  THOMAS  JEFFERSON.  43 

presidency  and  I  think  Baron  Steuben  was  appointed. 
I  went  soon  after  to  France.  While  there  M.  de  Maunier, 
charged  with  that  part  of  the  Encyclopedia  which  re 
lates  to  Economics  Litique  and  Diplomatique,  called  on 
me  with  the  article  of  that  dictionary  "Etats  Unis" 
which  he  had  prepared  ready  for  the  press  and  begged  I 
would  revise  it  and  make  any  notes  on  it  which  I  should 
think  necessary  towards  rendering  it  correct.  I  fur 
nished  him  most  of  the  matter  of  his  fifth,  sixth,  eighth, 
ninth,  and  tenth  sections  of  the  article  "Etats  Unis" 
with  which  however  he  has  intermixed  some  of  his  own. 
The  ninth  is  that  which  relates  to  the  Cincinnati. 

On  this  subject  the  section,  as  prepared  by  him,  was 
an  unjust  and  incorrect  Philippic  against  General  Wash 
ington  and  the  American  officers  in  general.  I  wrote  a 
substitute  for  it  which  he  adopted,  but  still  retaining 
considerably  of  his  own  matter  and  interspersing  it  in 
various  parts. 

P.  33.  "In  a  government  constitution,  etc."  Here 
begins  the  artful  complexion  he  has  given  to  the  two 
parties,  federal  and  republican.  In  describing  the  first 
by  their  views  and  motives,  he  implies  an  opposition  to 
these  motives  in  their  opponents,  which  is  totally  un 
true.  The  real  difference  consisted  in  their  different 
degrees  of  inclination  to  monarchy  or  republicanism. 
The  federalists  wished  for  every  thing  which  would 
approach  our  new  government  to  a  monarchy :  the  re 
publicans  to  preserve  it  essentially  republican. 

This  was  the  true  origin  of  the  division  and  remains 
still  the  essential  principle  of  difference  between  the  two 
parties. 


August  13th,  1791.     Notes  of  a  conversation  between 


44  ANAS  of  THOMAS  JEFFERSON.  1791 

Alexander  Hamilton  and  Thomas  Jefferson.  Th:  Jeffer 
son  mentioned  to  him  a  letter  received  from  John  Adams, 
disavowing  Publicola,  and  denying  that  he  ever  enter 
tained  a  wish  to  bring  this  country  under  an  hereditary 
executive,  or  introduce  an  hereditary  branch  of  Legis 
lature,  &c.  See  his  letter.  Alexander  Hamilton  con 
demning  Mr.  Adams'  writings,  and  most  particularly 
Davila,  as  having  a  tendency  to  weaken  the  present  gov 
ernment,  declared  in  substance  as  follows:  "I  own  it  is 
my  own  opinion,  though  I  do  not  publish  it  in  Dan  or 
Beersheba,  that  the  present  government  is  not  that 
which  will  answer  the  ends  of  society,  by  giving  stability 
and  protection  to  its  rights,  and  that  it  will  probably  be 
found  expedient  to  go  into  the  British  form.  However, 
since  we  have  undertaken  the  experiment,  I  am  for  giv 
ing  it  a  fair  course,  whatever  my  expectations  may  be. 
The  success,  indeed,  so  far,  is  greater  than  I  had  ex 
pected,  and  therefore,  at  present,  success  seems  more 
possible  than  it  had  done  heretofore,  and  there  are  still 
other  and  other  stages  of  improvement  which,  if  the 
present  does  not  succeed,  may  be  tried,  and  ought  to 
be  tried,  before  we  give  up  the  republican  form  alto 
gether;  for  that  mind  must  be  really  depraved,  which 
would  not  prefer  the  equality  of  political  rights,  which 
is  the  foundation  of  pure  republicanism,  if  it  can  be  ob 
tained  consistently  with  order.  Therefore,  whoever  by 
his  writings  disturbs  the  present  order  of  things,  is 
really  blameable,  however  pure  his  intentions  may  be, 
and  he  was  sure  Mr.  Adams'  were  pure."  This  is  the 
substance  of  a  declaration  made  in  much  more  lengthy 
terms,  and  which  seemed  to  be  more  formal  than  usual, 
for  a  private  conversation  between  two,  and  as  if  in 
tended  to  qualify  some  less  guarded  expressions  which 
had  been  dropped  on  former  occasions.  Th:  Jefferson 


1792  ANAS  of  THOMAS  JEFFERSON.  45 

has  committed  it  to  writing  in  the  moment  of  A.  Ham 
ilton's  leaving  the  room. 

December  25th,  1791.  Colonel  Gunn  (of  Georgia) 
dining  the  other  day  with  Colonel  Hamilton,  said  to  him, 
with  that  plain  freedom  he  is  known  to  use,  "I  wish,  Sir, 
you  would  advise  your  friend  King,  to  observe  some 
kind  of  consistency  in  his  votes.  There  has  been  scarcely 
a  question  before  the  Senate  on  which  he  has  not  voted 
both  ways.  On  the  representation  bill,  for  instance, 
he  first  voted  for  the  proposition  of  the  Representatives, 
and  ultimately  voted  against  it."  "Why,"  says  Colo 
nel  Hamilton,  "I'll  tell  you  as  to  that,  Colonel  Gunn, 
that  it  never  was  intended  that  bill  should  pass."  Gunn 
told  this  to  Butler,  who  told  it  to  Th :  Jefferson. 


Memorandum  of  communications  made  to  a  committee 
of  the  Senate  on  the  subject  of  the  diplomatic  nomina 
tions  to  Paris,  London,  and  the  Hague.  January  4th, 
1792. 

The  Secretary  of  State  having  yesterday  received  a 
note  from  Mr.  Strong,  as  chairman  of  a  committee  of  the 
Senate,  asking  a  conference  with  him  on  the  subject  of 
the  late  diplomatic  nominations  to  Paris,  London,  and 
the  Hague,  he  met  them  in  the  Senate-chamber  in  the 
evening  of  the  same  day,  and  stated  to  them  in  sub 
stance  what  follows: — 

That  he  should  on  all  occasions  be  ready  to  give  to  the 
Senate,  or  to  any  other  branch  of  the  government,  what 
ever  information  might  properly  be  communicated,  and 
might  be  necessary  to  enable  them  to  proceed  in  the 
line  of  their  respective  offices:  that  on  the  present  occa 
sion,  particularly,  ay  the  Senate  had  to  decide  on  the 


46  ANAS  of  THOMAS  JEFFERSON.          1792 

fitness  of  certain  persons  to  act  for  the  United  States  at 
certain  courts,  they  would  be  the  better  enabled  to  decide 
if  they  were  informed  of  the  state  of  our  affairs  at  those 
courts,  and  what  we  had  to  do  there:  that  when  the  bill 
for  providing  the  means  of  intercourse  with  foreign 
nations  was  before  the  legislature,  he  had  met  the  com 
mittees  of  each  House,  and  had  given  them  the  ideas 
of  the  executive  as  to  the  courts  with  which  we  should 
keep  diplomatic  characters,  and  the  grades  we  should 
employ :  that  there  were  two  principles,  which  decided  on 
the  courts,  viz.,  1,  vicinage;  and  2,  commerce:  that  the 
first  operated  in  the  cases  of  London  and  Madrid,  and 
the  second  in  the  same  cases,  and  also  in  those  of  France 
and  Portugal;  perhaps,  too,  of  Holland:  that  as  to  all 
other  countries,  our  commerce  and  connections  were  too 
unimportant  to  call  for  the  exchange  of  diplomatic  resi 
dents  :  that  he  thought  we  should  adopt  the  lowest  grades 
admissible,  to  wit,  at  Paris  that  of  minister  plenipo 
tentiary,  because  that  grade  was  already  established 
there;  the  same  at  London,  because  of  the  pride  of  that 
court,  and  perhaps  the  sense  of  our  country  and  its 
interests,  would  require  a  sort  of  equality  of  treatment 
to  be  observed  towards  them ;  and  for  Spain  and  Lisbon, 
that  of  charge  des  affaires  only;  the  Hague  uncertain: 
that  at  the  moment  of  this  bill,  there  was  a  complete 
vacancy  of  appointments  between  us  and  France  and 
England,  by  the  accidental  translations  of  the  ministers 
of  France  and  the  United  States  to  other  offices,  and 
none  as  yet  appointed  to,  or  from  England :  that  in  this 
state  of  things,  the  legislature  had  provided  for  the 
grade  of  minister  plenipotentiary,  as  one  that  was  to  be 
continued,  and  showed  they  had  their  eye  on  that  grade 
only,  and  that  of  charge  des  affaires;  and  that  by  the 
sum  allowed  they  approved  of  the  views  then  com- 


1792          ANAS  of  THOMAS  JEFFERSON.  47 

municated :  that  circumstances  had  obliged  us  to  change 
the  grade  at  Lisbon  to  minister  resident,  and  this  of 
course  would  force  a  change  at  Madrid  and  the  Hague, 
as  had  been  communicated  at  the  time  to  the  Senate; 
but  that  no  change  was  made  in  the  salary,  that  of 
resident  being  made  the  same  as  had  been  established  for 
a  charge  des  affaires. He  then  added,  the  new  cir 
cumstances  which  had  supervened  on  those  general  ones 
in  favor  of  these  establishments,  to  wit,  with  Paris,  the 
proposal  on  their  part  to  make  a  liberal  treaty,  the 
present  situation  of  their  colonies  which  might  lead  to 
a  freer  commerce  with  them,  and  the  arrival  of  a  min 
ister  plenipotentiary  here;  with  London,  their  sending 
a  minister  here  in  consequence  of  notorious  and  re 
peated  applications  from  us,  the  powers  given  him  to 
arrange  the  differences  which  had  arisen  about  the  exe 
cution  of  the  treaty,  to  wit,  the  posts,  negroes,  &c.,  which 
was  now  in  train,  and  perhaps  some  authority  to  talk  on 
the  subject  of  arrangements  of  commerce,  and  also  the 
circumstances  which  had  induced  that  minister  to  pro 
duce  his  commission;  with  Madrid,  the  communication 
from  the  king,  that  he  was  ready  to  resume  the  negotia 
tions  on  the  navigation  of  the  Mississippi,  and  to  ar 
range  that,  and  a  port  of  deposit  on  the  most  friendly 
footing,  if  we  would  send  a  proper  person  to  Madrid  for 
that  purpose :  he  explained  the  idea  of  joining  one  of  the 
ministers  in  Europe  to  Mr.  Carmichael  for  that  purpose; 
with  Lisbon,  that  we  had  to  try  to  obtain  a  right  of 
sending  flour  there,  and  mentioned  Del  Pinta's  former 
favorable  opinion  on  that  subject:  he  stated  also,  the 
interesting  situation  of  Brazil,  and  the  disposition  of 
the  court  of  Portugal  with  respect  to  our  warfare  with 
the  Algerines;  with  Holland,  the  negotiating  loans  for 
the  transfer  of  the  whole  French  debt  there,  an  operation 


48  ANAS  of  THOMAS  JEFFERSON.  1792 

which  must  be  of  some  years,  because  there  is  but  a 
given  sum  of  new  money  to  be  lent  to  any  one  nation. 
He  then  particularly  recapitulated  the  circumstances 
which  justified  the  President's  having  continued  the 
grade  of  minister  plenipotentiary ;  but  added,  that  when 
ever  the  biennial  bill  should  come  on,  each  House  would 
have  a  constitutional  right  to  review  the  establishment 
again,  and  whenever  it  should  appear  that  either  House 
thought  any  part  of  it  might  be  reduced,  on  giving  to 
the  executive  time  to  avail  themselves  of  the  first  con 
venient  occasion  to  reduce  it,  the  executive  could  not 
but  do  it ;  but  that  it  would  be  extremely  injurious  now, 
or  at  any  time,  to  do  it  so  abruptly  as  to  occasion  the 
recall  of  ministers,  or  unfriendly  sensation*  in  any  of 
those  countries  with  which  our  commerce  is  interesting. 

That,  a  circumstance,  recalled  to  the  recollection  of 
the  Secretary  of  State  this  morning,  induced  him  im 
mediately  to  add  to  the  preceding  verbal  communica 
tion  a  letter  addressed  to  Mr.  Strong  in  the  following 
words : 

Philadelphia,  January  4th,  1792. 
"Sir, — I  am  just  now  made  to  recollect  a  mistake  in 
one  of  the  answers  I  gave  last  night  in  the  committee 
of  the  Senate,  and  which,  therefore,  I  beg  leave  to  cor 
rect.  After  calling  to  their  minds  the  footing  on  which 
Mr.  Morris  had  left  matters  at  the  court  of  London,  and 
informing  them  of  what  had  passed  between  the  British 
minister  here  and  myself,  I  was  asked  whether  this  was 
all  that  had  taken  place?  Whether  there  had  been  no 
other  or  further  engagement?  I  paused,  you  may  re 
member,  to  recollect.  I  knew  nothing  more  had  passed 
on  the  other  side  the  water,  because  Mr.  Morris'  powers 
there  had  been  determined,  and  I  endeavored  to  recol 
lect  whether  anything  else  had  passed  with  Mr.  Ham- 


1792  ANAS  of  THOMAS  JEFFERSON.  49 

mond  and  myself.  I  answered  that  this  was  all,  and 
added  in  proof,  that  I  was  sure  nothing  had  passed  be 
tween  the  President  and  Mr.  Hammond,  personally,  and 
so  I  might  safely  say  this  was  all.  It  escaped  me  that 
there  had  been  an  informal  agent  here,  (Colonel  Beck 
with,)  and  so  informal  that  it  was  thought  proper  that 
I  should  never  speak  on  business  with  him,  and  that  on 
a  particular  occasion,  the  question  having  been  asked 
whether  if  a  British  minister  should  be  sent  here,  we 
would  send  one  in  exchange?  It  was  said,  through  an 
other  channel,  that  one  would  doubtless  be  sent.  Hav 
ing  only  been  present  when  it  was  concluded  to  give  the 
answer,  and  not  having  been  myself  the  person  who 
communicated  it,  nor  having  otherwise  had  any  conver 
sation  with  Colonel  Beckwith  on  the  subject,  it  abso 
lutely  escaped  my  recollection  at  the  moment  the  com 
mittee  put  the  question,  and  I  now  correct  the  error  I 
committed  in  my  answer,  with  the  same  good  faith  with 
which  I  committed  the  error  in  the  first  moment.  Per 
mit  me  to  ask  the  favor  of  you,  sir,  to  communicate  this 
to  the  other  members  of  the  committee,  and  to  con 
sider  this  as  a  part  of  the  information  I  have  had  the 
honor  of  giving  the  committee  on  the  subject. 

I  am  with  the  most  perfect  esteem,  sir,  Your  most 
obedient  and  most  humble  servant. 

Mr.  Strong  Th.  Jefferson." 

Which  letter,  with  the  preceding  statement,  contains 
the  substance  of  what  the  Secretary  of  State  has  com 
municated  to  the  committee,  as  far  as  his  memory  en 
ables  him  to  recollect. 

January  4th,   1792. 


Feb.  12,   1792.     Colonel  Beckwith  called  on  me  and 
informed  me  that  tho'  not  publicly  commissioned  he 


50  ANAS  of  THOMAS  JEFFERSON.  1792 

had  been  sent  here  on  the  part  of  his  government,  that 
arriving  before  I  came  into  office  he  had  been  put  into 
the  hands  of  another  department,  not  indeed  by  the 
Chief  Magistrate  directly,  as  he  had  never  had  any  di 
rect  communications,  but  informally,  and  had  never 
been  transferred  to  my  department:  that  on  commenc 
ing  his  correspondence  with  the  secretary  of  State  of 
Great  Britain,  he  had  thought  it  his  duty  to  make  that 
circumstance  known  to  us:  that  Mr.  Hammond's  ar 
rival  had  now  rendered  his  longer  continuance  here  un 
necessary,  as  his  residence  hitherto  had  been  only  pre 
paratory  to  Mr.  Hammond's  reception,  that  he  had  re 
ceived  orders  by  the  last  packet  from  the  Secretary  of 
State  to  return  to  England  by  the  next,  and  that  he 
should  accordingly  do  so.  He  acknowledged  the  per 
sonal  civility  with  which  he  had  been  treated  generally, 
and  his  entire  satisfaction. 

[Note  this  was  the  first  conversation  I  ever  had  with 
him,  but  merely  as  a  private  gentleman.  I  note  its  pur 
port,  because  he  was  sent  here  by  L'd  Dorchester  from 
Quebec,  which  consequently  authorizes  us  to  send  such 
a  character  to  Quebec.] 

T.J. 


Conversations  With  the  President. 

1792,  February  28th.  I  was  to  have  been  with  him 
long  enough  before  three  o'clock,  (which  was  the  hour 
and  day  he  received  visits,)  to  have  opened  to  him  a 
proposition  for  doubling  the  velocity  of  the  post  riders, 
who  now  travel  about  fifty  miles  a  day,  and  might, 
without  difficulty,  go  one  hundred,  and  for  taking  meas 
ures  (by  way  bills)  to  know  where  the  delay  is,  when 
there  is  any.  I  was  delayed  by  business,  so  as  to  Have 


1792  ANAS  of  THOMAS  JEFFERSON.  51 

scarcely  time  to  give  him  the  outlines.  I  run  over  them 
rapidly,  and  observed  afterwards,  that  I  had  hitherto 
never  spoken  to  him  on  the  subject  of  the  post  office, 
not  knowing  whether  it  was  considered  as  a  revenue  law, 
or  a  law  for  the  general  accommodation  of  the  citizens : 
that  the  law  just  passed  seemed  to  have  removed  the 
doubt  by  declaring  that  the  whole  profits  of  the  office 
should  be  applied  to  expending  the  posts,  and  that  even 
the  past  profits  should  be  refunded  by  the  treasury  for 
the  same  purpose:  that  I  therefore  conceive  it  was  now 
in  the  department  of  the  Secretary  of  State:  that  I 
thought  it  would  be  advantageous  so  to  declare  it  for 
another  reason,  to  wit:  that  the  department  of  the 
Treasury  possessed  already  such  an  influence  as  to 
swallow  up  the  whole  executive  powers,  and  that  even 
the  future  presidents  (not  supported  by  the  weight  of 
character  which  himself  possessed,)  would  not  be  able 
to  make  head  against  this  department.  That  in  urging 
this  measure  I  had  certainly  no  personal  interest,  since, 
if  I  was  supposed  to  have  an  appetite  for  power,  yet 
as  my  career  would  certainly  be  exactly  as  short  as  his 
own,  the  intervening  time  was  too  short  to  be  an  object. 
My  real  wish  was  to  avail  the  public  of  every  occasion, 
during  the  residue  of  the  President's  period,  to  place 
things  on  a  safe  footing.  He  was  now  called  on  to  at 
tend  his  company,  and  he  desired  me  to  come  and 
breakfast  with  him  the  next  morning. 

February  29th.  I  did  so;  and  after  breakfast  we  re 
tired  to  his  room,  and  I  unfolded  my  plan  for  the  post 
office,  and  after  such  an  approbation  of  it  as  he  usually 
permitted  himself  on  the  first  presentment  of  any  idea, 
and  desiring  me  to  commit  it  to  writing,  he,  during  that 
pause  of  conversation  which  follows  a  business  closed, 


52  ANAS  of  THOMAS  JEFFERSON.  1792 

said  in  an  affectionate  tone,  that  he  had  felt  much  con 
cern  at  an  expression  which  dropped  from  me  yesterday, 
and  which  marked  my  intention  of  retiring  when  he 
should.  That  as  to  himself,  many  motives  obliged  him 
to  do  it.  He  had,  through  the  whole  course  of  the  war, 
and  most  particularly  at  the  close  of  it,  uniformly  de 
clared  his  resolution  to  retire  from  public  affairs,  and 
never  to  act  in  any  public  office ;  that  he  had  retired  under 
that  firm  resolution;  that  the  government,  however, 
which  had  been  formed,  being  found  evidently  too 
inefficacious,  and  it  being  supposed  that  his  aid  was  of 
some  consequence  towards  bringing  the  people  to  con 
sent  to  one  of  sufficient  efficacy  for  their  own  good,  he 
consented  to  come  into  the  convention,  and  on  the  same 
motive,  after  much  pressing,  to  take  a  part  in  the  new 
government,  and  get  it  under  way.  That  were  he  to 
continue  longer,  it  might  give  room  to  say,  that  having 
tasted  the  sweets  of  office,  he  could  not  do  without  them : 
that  he  really  felt  himself  growing  old,  his  bodily  health 
less  firm,  his  memory,  always  bad,  becoming  worse,  and 
perhaps  the  other  faculties  of  his  mind  showing  a  decay 
to  others  of  which  he  was  insensible  himself;  that  this 
apprehension  particularly  oppressed  him;  that  he  found, 
moreover,  his  activity  lessened,  business  therefore  more 
irksome,  and  tranquility  and  retirement  become  an 
irresistible  passion.  That  however  he  felt  himself 
obliged,  for  these  reasons,  to  retire  from  the  government, 
yet  he  should  consider  it  as  unfortunate,  if  that  should 
bring  on  the  retirement  of  the  great  officers  of  the  gov 
ernment,  and  that  this  might  produce  a  shock  on  the 
public  mind  of  dangerous  consequence. 

I  told  him  that  no  man  had  ever  had  less  desire  of 
entering  into  public  offices  than  myself;  that  the  cir 
cumstance  of  a  perilous  war,  which  brought  every  thing 


1792  ANAS  of  THOMAS  JEFFERSON.  53 

into  danger,  and  called  for  all  the  services  which  every 
citizen  could  render,  had  induced  me  to  undertake  the 
administration  of  the  government  of  Virginia;  that  I 
had  both  before  and  after  refused  repeated  appoint 
ments  of  Congress  to  go  abroad  in  that  sort  of  office, 
which,  if  I  had  consulted  my  own  gratification,  would 
almost  have  been  the  most  agreeable  to  me;  that  at  the 
end  of  two  years,  I  resigned  the  government  of  Virginia, 
and  retired  with  a  firm  resolution  never  more  to  appear 
in  public  life;  that  a  domestic  loss,  however,  happened, 
and  made  me  fancy  that  absence  and  a  change  of  scene 
for  a  time  might  be  expedient  for  me;  that  I  therefore 
accepted  a  foreign  appointment,  limited  to  two  years; 
that  at  the  close  of  that,  Doctor  Franklin  having  left 
France,  I  was  appointed  to  supply  his  place,  which  I  had 
accepted,  and  though  I  continued  in  it  three  or  four 
years,  it  was  under  the  constant  idea  of  remaining  only 
a  year  or  two  longer ;  that  the  revolution  in  France  com 
ing  on,  I  had  so  interested  myself  in  the  event  of  that, 
that  when  obliged  to  bring  my  family  home,  I  had  still 
an  idea  of  returning  and  awaiting  the  close  of  that,  to 
fix  the  era  of  my  final  retirement;  that  on  my  arrival 
here  I  found  he  had  appointed  me  to  my  present  office ; 
that  he  knew  I  had  not  come  into  it  without  some  re 
luctance  ;  that  it  was ,  on  my  part,  a  sacrifice  of  inclina 
tion  to  the  opinion  that  I  might  be  more  serviceable  here 
than  in  France,  and  with  a  firm  resolution  in  my  mind, 
to  indulge  my  constant  wish  for  retirement  at  no  very 
distant  day;  that  when,  therefore,  I  had  received  his 
letter,  written  from  Mount  Vernon,  on  his  way  to  Caro 
lina  and  Georgia,  (April  1st,  1701)  and  discovered,  from 
an  expression  in  that,  that  he  meant  to  retire  from  the 
government  ere  long,  and  as  to  the  precise  epoch  there 
could  be  no  doubt,  my  mind  was  immediately  made  up, 


54  ANAS  of  THOMAS  JEFFERSON.  1792 

to  make  that  the  epoch  of  my  own  retirement  from  those 
labors  of  which  I  was  heartily  tired.  That,  however,  I 
did  not  believe  there  was  any  idea  in  any  of  my  brethren 
in  the  administration  of  retiring;  that  on  the  contrary, 
I  had  perceived  at  a  late  meeting  of  the  trustees  of  the 
sinking  fund,  that  the  Secretary  of  the  Treasury  had 
developed  the  plan  he  intended  to  pursue,  and  that  it 
embraced  years  in  its  view. 

He  said  that  he  considered  the  Treasury  department 
as  a  much  more  limited  one,  going  only  to  the  single  ob 
ject  of  revenue,  while  that  of  the  Secretary  of  State, 
embracing  nearly  all  the  objects  of  administration,  was 
much  more  important,  and  the  retirement  of  the  officer 
therefore,  would  be  more  noticed;  that  though  the 
government  had  set  out  with  a  pretty  general  good  will 
of  the  public,  yet  that  symptoms  of  dissatisfaction  had 
lately  shown  themselves  far  beyond  what  he  could  have 
expected,  and  to  what  height  these  might  arise,  in  case 
of  too  great  a  change  in  the  administration,  could  not  be 
foreseen. 

I  told  him,  that  in  my  opinion,  there  was  only  a  single 
source  of  these  discontents.  Though  they  had  indeed 
appeared  to  spread  themselves  over  the  War  department 
also,  yet  I  considered  that  as  an  overflowing  only  from 
their  real  channel,  which  would  never  have  taken  place, 
if  they  had  not  first  been  generated  in  another  depart 
ment,  to  wit,  that  of  the  Treasury.  That  a  system  had 
there  been  contrived,  for  deluging  the  States  with  paper 
money  instead  of  gold  and  silver,  for  withdrawing  our 
citizens  from  the  pursuits  of  commerce,  manufactures, 
buildings,  and  other  branches  of  useful  industry,  to  oc 
cupy  themselves  and  their  capitals  in  a  species  of  gamb 
ling,  destructive  of  morality,  and  which  had  introduced 
its  poison  into  the  government  itself.  That  it  was  a 


1792  ANAS  of  THOMAS  JEFFERSON  55 

fact,  as  certainly  known  as  that  he  and  I  were  then  con 
versing,  that  particular  members  of  the  legislature, 
while  those  laws  were  on  the  carpet,  had  feathered  their 
nests  with  paper,  had  then  voted  for  the  laws,  and  con 
stantly  since  lent  all  the  energy  of  their  talents,  and 
instrumentality  of  their  offices,  to  the  establishment  and 
enlargement  of  this  system;  that  they  had  chained  it 
about  our  necks  for  a  great  length  of  time,  and  in  order 
to  keep  the  game  in  their  hands  had,  from  time  to  time, 
aided  in  making  such  legislative  constructions  of  the 
constitution,  as  made  it  a  very  different  thing  from  what 
the  people  thought  they  had  submitted  to;  that  they 
had  now  brought  forward  a  proposition  far  beyond  any 
one  ever  yet  advanced,  and  to  which  the  eyes  of  many 
were  turned,  as  the  decision  which  was  to  let  us  know, 
whether  we  live  under  a  limited  or  an  unlimited  govern 
ment.  He  asked  me  to  what  proposition  I  alluded? 
I  answered,  to  that  in  the  report  on  manufactures,  which, 
under  color  of  giving  bounties  for  the  encouragement 
of  particular  manufactures,  meant  to  establsh  the  doc 
trine,  that  the  power  given  by  the  constitution  to  collect 
taxes  to  provide  for  the  general  welfare  of  the  United 
States,  permitted  Congress  to  take  everything  under 
their  management  which  they  should  deem  for  the 
public  welfare,  and  which  is  susceptible  of  the  applica 
tion  of  money ;  consequently,  that  the  subsequent  enum 
eration  of  their  powers  was  not  the  description  to  which 
resort  must  be  had,  and  did  not  at  all  constitute  the 
limits  of  their  authority;  that  this  was  a  very  different 
question  from  that  of  the  bank,  which  was  thought  an 
incident  to  an  enumerated  power;  that,  therefore,  this 
decision  was  expected  with  great  anxiety;  that,  indeed, 
I  hoped  the  proposition  would  be  rejected,  believing 
there  was  a  majority  in  both  Houses  against  it,  and 


56  ANAS  of  THOMAS  JEFFERSON.  1792 

that  if  it  should  be,  it  would  be  considered  as  a  proof 
that  things  were  returning  into  their  true  channel;  and 
that,  at  any  rate,  I  looked  forward  to  the  broad  repre 
sentation  which  would  shortly  take  place,  for  keeping 
the  general  constitution  on  its  true  ground;  and  that 
this  would  remove  a  great  deal  of  the  discontent  which 
had  shown  itself.  The  conversation  ended  with  this 
last  topic.  It  is  here  stated  nearly  as  much  at  length 
as  it  really  was ;  the  expressions  preserved  where  I  could 
recollect  them,  and  their  substance  always  faithfully 
stated. 

March  1,  1792.  T.  J. 

On  the  2d  of  January,  1792,  Messrs.  Fitzsimmons  and 
Gerry  (among  others)  dined  with  me.  These  two  staid 
with  a  Mr.  Learned  of  Connecticut,  after  the  company 
was  gone.  We  got  on  the  subject  of  references  by  the 
legislature  to  the  Heads  of  departments,  considering 
their  mischief  in  every  direction.  Gerry  and  Fitz 
simmons  clearly  opposed  to  them. 

Two  days  afterwards  (January  4th),  Mr.  Bourne  from 
Rhode  Island  presented  a  memorial  from  his  State,  com 
plaining  of  inequality  in  the  Assumption,  and  moved  to 
refer  it  to  the  Secretary  of  the  Treasury.  Fitzsimmons, 
Gerry  and  others  opposed  it ;  but  it  was  carried. 

January  19th.  Fitzsimmons  moved,  that  the  Presi 
dent  of  the  United  States  be  requested  to  direct  the  Sec 
retary  of  the  Treasury,  to  lay  before  the  House  informa 
tion  to  enable  the  legislature  to  judge  of  the  additional 
revenue  necessary  on  the  increase  of  the  military  estab 
lishment.  The  House,  on  debate,  struck  out  the  words, 
"President  of  the  United  States." 


1792  ANAS  of  THOMAS  JEFFERSON.  57 

March  7th.  The  subject  resumed.  An  animated 
debate  took  place  on  the  tendency  of  references  to  the 
Heads  of  departments;  and  it  seemed  that  a  great  ma 
jority  would  be  against  it;  the  House  adjourned.  Treas 
ury  greatly  alarmed,  and  much  industry  supposed  to  be 
used  before  next  morning,  when  it  was  brought  on  again, 
and  debated  through  the  day,  and  on  the  question,  the 
Treasury  carried  it  by  thirty-one  to  twenty-seven;  but 
deeply  wounded,  since  it  was  seen  that  all  Pennsylvania, 
except  Jacobs,  voted  against  the  reference;  that  Tucker 
of  South  Carolina  voted  for  it,  and  Sumpter  absented 
himself,  debauched  for  the  moment  only,  because  of  the 
connection  of  the  question  with  a  further  Assumption 
which  South  Carolina  favored;  but  showing  that  they 
never  were  to  be  counted  on  among  the  Treasury  votes. 
Some  others  absented  themselves.  Gerry  changed 
sides.  On  the  whole,  it  showed  that  Treasury  influence 
was  tottering. 

Committed  to  writing  this  10th  of  March,  1792. 

Mar.  9,  1792.  A  consultation  at  (.).  Present,  Ham 
ilton,  Knox,  Jefferson. 

1.     Subject. 

Kirkland's  letter.    British    idea  of   a    new    line 
from  Genesee  to  Ohio.     See  extract  on  another  paper. 

Deputation  of  Six  Nations  now  on  their  way  here. 
Their  dispositions  doubtful.  Street  (Samuel),  a  Con 
necticut  man,  a  great  scoundrel  coming  with  them. 
One-fourth  of  the  nation  against  us.  Other  three- 
fourths  questionable.  c.j  ,j 

Agreed   they  should  be  well  treated,  but  not  over- 

trusted.  ;         - 


Pond's  report.     Stedman's  report.     These  two  per- 


58  ANAS  of  THOMAS  JEFFERSON.  1792 

sons  had  been  to  Niagara,  where  they  had  much  con 
versation  with  Colonel  Gordon,  commanding  officer. 
He  said  he  had  relation  of  St.  Clair's  defeat  from  a  sensi 
ble  Indian,  who  assured  him  the  Indians  had  50  killed 
and  150  wounded.  They  were  commanded  by  Simon 
Girty,  a  renegade  white  from  Virginia  or  Pennsylvania. 
He  said  the  Indians  were  right,  that  we  should  find  them 
a  powerful  enemy,  they  were  improving  in  war,  did  you 
ever  before  hear,  says  he,  of  Indians  being  rallied  three 
times?  (This  rallying  was  nothing  more  than  the  re 
turns  on  the  three  charges  with  bayonets  made  by  our 
troops,  which  produced  a  corresponding  retirement  of 
the  Indians,  but  not  a  fight).  That  we  should  never 
have  peace  of  the  Indians  but  thro  the  mediation  of 
Britain;  that  Britain  must  appoint  one  Commissioner, 
the  United  States  one,  the  Indians  one :  a  line  must  be 
drawn,  and  Britain  guarantee  the  line  and  peace.  Pond 
says  the  British  have  a  prospect  of  settling  one  thousand 
families  at  the  Illinois ;  that  Captain  Stevenson  who  was 
here  some  time  ago,  and  who  came  over  with  Governor 
Simcoe  was  sent  here  to  Hammond  to  confer  about  these 
matters.  (Stevenson  stayed  here  five  days  and  we  know 
was  constantly  with  Hammond).  Colonel  Gordon  re 
fused  to  let  Pond  and  Stedman  go  on.  They  pretended 
private  business,  but  in  reality  had  been  sent  by  the 
President  to  propose  peace  to  the  North  West  Indians. 

Hamilton  doubts  Pond's  truth  and  his  fidelity,  as  he 
talks  of  a  close  intimacy  with  Colonel  Gordon. 

Jefferson  observed  that  whether  Pond  be  faithful  or 
false,  his  facts  are  probable,  because  not  of  a  nature  to 
be  designedly  communicated  if  false.  Besides  they  are 
supported  in  many  points  from  other  questions. 

It  seems  that  the  English  exercise  jurisdiction  over 
all  the  country  south  of  the  Genesee,  and  their  idea  ap- 


1792  ANAS  of  THOMAS  JEFFERSON.  59 

pears,  to  have  a  new  line  along  that  river,  then  along  the 
Allegheny  to  Fort  Pitt,  thence  due  west  or  perhaps  along 
the  Indian  lines  to  the  Mississippi,  to  give  them  access 
to  the  Mississippi.  Hamilton  here  mentioned  that, 
Hammond  in  a  conversation  with  him  had  spoken  of 
settling  our  uncertain  boundary  from  the  Lake  of  the 
Woods  due  west  to  the  Mississippi  by  substituting  from 
the  Lake  of  the  Woods  in  a  straight  line  to  the  head  of 
the  Mississippi. 

Agreed  in  a  vote  never  to  admit  British  mediation. 

Hamilton  proposed  that  a  summary  statement  of  all 
the  facts  we  are  possessed  of  relative  to  the  aid  by  the 
British  to  the  Indians  be  made  and  delivered  to  Pinck- 
ney  to  form  a  representation  on  it  to  the  city  of  London. 

Jefferson  observed  it  would  be  proper  to  possess  Mr. 
Pinckney  of  all  the  facts  that  he  might  at  all  times 
be  able  to  meet  the  British  minister  in  conversation, 
but  that  whether  he  should  make  a  representation  or 
not,  in  form,  depended  on  another  question.  Whether 
it  is  better  to  keep  the  negotiation  here  or  transfer  it 
there?  for  that  certainly  any  proceeding  there  would 
slacken  those  here  and  put  it  in  their  power  gradually  to 
render  them  the  principal.  The  President  was  of  opin 
ion  the  negotiation  should  be  kept  here  by  all  means. 

Shall  anything  be  said  here  to  Hammond?  Jefferson, 
No.  There  is  no  doubt  but  the  aids  given  by  subordi 
nate  officers  are  with  secret  approbation  of  the  court. 
A  feeble  complaint  to  Hammond  then  will  not  change 
their  conduct  and  yet  will  humiliate  us. 

Question,  proposed  by  the  President,  Shall  a  person 
be  sent  to  the  north  western  Indians  by  the  way  of  Fort 
Pitt  and  Vincennes  to  propose  peace?  Knox  observed 
that  such  a  person  could  at  this  season  be  at  Vincennes 
in  twenty-five  days  and^recommended^one  Trueman 


60  ANAS  of  THOMAS  JEFFERSON.  1792" 

and  that  he  should,  from  Fort  Washington  take  some 
Indian  prisoners  as  a  safeguard.  Agreed,  but  the  per 
son  to  be  further  considered  of. 

Question.  Shall  a  second  deputation  be  procured 
from  the  Indians  now  expected  here,  to  go  to  same  place 
on  same  object?  Hamilton,  No.  It  will  show  too 
much  earnestness.  Jefferson,  No,  for  same  reason,  and 
because  two  deputations,  independent  of  each  other 
might  counterwork  each  other.  President,  No,  for  the 
last  reason. 

Jefferson  proposed  taking  a  small  post  at  Presque 
Isle. 

1.  To  cut  off  communication  between  the  Six  Na 
tions  and  western  Indians.  2.  To  vindicate  our  right 
by  possession.  3.  To  be  able  to  begin  a  naval  pre 
paration.  Hamilton  opposed.  It  will  certainly  be  at 
tacked  by  the  English  and  bring  on  war.  We  are  not  in 
a  condition  to  go  to  war.  Knox  as  usual  with  Hamilton. 
President:  When  ever  we  take  post  at  Presque  Isle  it 
must  be  by  going  in  great  force,  so  as  to  establish  our 
selves  completely  before  an  attack  can  be  made,  and 
with  workmen  and  all  materials  to  create  a  fleet  in- 
stanter;  and  he  verily  believes  it  will  come  to  that. 

Brant  says  he  has  resigned  his  English  commission  and 
means  to  become  entirely  an  Indian  and  wishes  to  herd 
and  unite  all  the  Indians  in  a  body. 

The  President's  answer  to  St.  Claire's  letter  of  resig 
nation  considered.  It  was  drawn  by  Knox.  The  pas 
sage  was  now  omitted  to  which  I  objected  in  my  note 
to  the  President  of  Mar.  2.  Knox  wished  to  insert  some 
thing  like  an  approbation  of  all  his  conduct  by  the  Presi 
dent.  Jefferson  said  if  the  President  approved  all  his 
conduct  it  would  be  right  to  say  so.  The  President  said 
he  had  always  disapproved  of  two  things:  1.  The  want 


1792         ANAS  of  THOMAS  JEFFERSON.  61 

of  information.  2.  Not  keeping  his  army  in  such  a 
position  always  as  to  be  able  to  display  them  in  a  line 
behind  trees  in  the  Indian  manner  at  any  moment. 

Knox  acquiesced  and  the  letter  was  altered  to  avoid 
touching  on  anything  relative  to  the  action,  unless  St. 
Clair  should  choose  to  retain  a  clause  acknowledging  his 
zeal  that  day. 

The  future  commander  talked  of. 

President  went  over  all  the  characters,  viz : 

Morgan.     No    head.     Health    gone.     Speculator. 

Wayne.  Brave  and  nothing  else.  Deserves  credit  for 
Stony  Point,  but  on  another  occasion  run  his  head 
against  a  wall  where  success  was  both  impossible  and 
useless. 

Irwin.  Does  not  know  him.  Has  formed  a  middling 
opinion  of  him. 

Hamilton,  (said)  He  never  distinguished  himself. 
All  that  he  did  during  the  war  was  to  avoid  any  censure 
of  any  kind. 

Wilkinson.  Brave — enterprising  to  excess,  but  many 
unapprovable  points  in  his  character. 

Lee.  A  better  head  and  more  resource  than  any  of 
them,  but  no  economy,  and  being  a  junior  officer,  we 
should  lose  benefit  of  good  seniors  who  would  not 
serve  under  him. 

Pinckney.  Sensible.  Tactician  but  immersed  in 
business.  Has  refused  other  appointments  and  prob 
ably  will  refuse  this  or  accept  with  reluctance. 

Pickens.  Governor  Pinckney  recommends  him  for 
Southern  command  if  necessary.  Sensible,  modest, 
enterprising  and  judicious.  Yet  doubtful  if  he  is  equal 
to  command  of  5000  men.  Would  be  an  untried  under 
taking  for  him. 

Sumter.     Knox  intimated  he    must  be  commander- 


62  ANAS  of  THOMAS  JEFFERSON.  1792 

in-chief  or  nothing.      Incapable  of  subordination.  Noth 
ing  concluded. 

Question  proposed.  Shall  we  use  Indians  against 
Indians  and  particularly  shall  we  invite  the  Six  Nations 
to  join  us. 

Knox  agreed  there  were  but  thirty-six  of  them  who 
joined  the  enemy  last  year,  and  that  we  could  not  count 
on  more  than  the  Cornplanter  and  200  to  join  us. 

Jefferson.  Against  employing  Indians.  Dishonor 
able  policy.  He  had  rather  let  36  take  the  other  side 
than  have  200  on  ours. 

Hamilton  disliked  employing  them.     No  independ 
ence — barbarians — treacherous. 
Knox,  for  employing  500. 

President.  They  must  be  employed  with  us  or  they 
will  be  against  us.  Perhaps  immaterial  as  to  Six  Na 
tions  but  material  as  to  Southern.  He  would  use  them 
to  scour  round  the  army  at  a  distance.  No  small  par 
ties  of  enemy  could  approach  thro'  them  to  discover 
our  movements.  He  would  notwithstanding  take  some 
precautions  by  our  own  men  for  fear  of  infidelity.  Ex 
pensive,  discontented,  insubordinate. 

Conclusion.  They  shall  not  be  invited;  but  to  be 
told  that  if  they  cannot  restrain  their  young  men  from 
taking  one  side  or  the  other,  we  will  receive  and  em 
ploy  them. 

Written  this  10th  of  Mar.,  1792. 


1792,  March  llth.  Consulted  verbally  by  the  Presi 
dent,  on  whom  a  committee  of  the  Senate  (Izard,  Morris, 
and  King)  are  to  wait  tomorrow  morning,  to  know 
whether  he  will  think  it  proper  to  redeem  our  Algerine 
captives,  and  make  a  treaty  with  the  Algerines,  on  the 


1792  ANAS  of  THOMAS  JEFFERSON.  63 

single  vote  of  the  Senate,  without  taking  that  of  the 
Representatives. 

My  opinions  run  on  the  following  heads : 

We  must  go  to  Algiers  with  cash  in  our  hands.  Where 
shall  we  get  it?  By  loan?  By  converting  money  now 
in  the  treasury? 

Probably  a  loan  might  be  obtained  on  the  President's 
authority;  but  as  this  could  not  be  repaid  without  a 
subsequent  act  of  legislature,  the  Representatives 
might  refuse  it.  So  if  money  in  the  treasury  be  con 
verted,  they  may  refuse  to  sanction  it. 

The  subsequent  approbation  of  the  Senate  being  neces 
sary  to  validate  a  treaty,  they  expect  to  be  consulted 
beforehand,  if  the  case  admits. 

So  the  subsequent  act  of  the  Representatives  being 
necessary  where  money  is  given,  why  should  not  they 
expect  to  be  consulted  in  like  manner,  when  the  case 
admits:  A  treaty  is  a  law  of  the  land.  But  prudence 
will  point  out  this  difference  to  be  attended  to  in  mak 
ing  them;  viz.  where  a  treaty  contains  such  articles  only 
as  will  go  into  execution  of  themselves,  or  be  carried  into 
execution  by  the  judges,  they  may  be  safely  made;  but 
where  there  are  articles  which  require  a  law  to  be  passed 
afterwards  by  the  legislature,  great  caution  is  requisite. 

For  example ;  the  consular  convention  with  France  re 
quired  a  very  small  legislative  regulation.  This  con 
vention  was  unanimously  ratified  by  the  Senate.  Yet 
the  same  identical  men  threw  by  the  law  to  enforce  it  at 
the  last  session,  and  the  Representatives  at  this  session 
have  placed  it  among  the  laws  which  they  may  take  up 
or  not,  at  their  own  convenience,  as  if  that  was  a  higher 
motive  than  the  public  faith. 

Therefore,  against  hazarding  this  transaction  without 
the  sanction  of  both  Houses. 


64  ANAS  of  THOMAS  JEFFERSON.  1792 

The  President  concurred.  The  Senate  express  the 
motive  for  this  proposition,  to  be  a  fear  that  the  Repre 
sentatives  would  not  keep  the  secret.  He  has  no  opin 
ion  of  the  secrecy  of  the  Senate.  In  this  very  case,  Mr. 
Izard  made  the  communication  to  him,  sitting  next  to 
him  at  table,  on  one  hand,  while  a  lady  (Mrs.  Mclyane) 
was  on  his  other  hand,  and  the  French  minister  next  to 
her;  and  as  Mr.  Izard  got  on  with  his  communication, 
his  voice  kept  rising,  and  his  stutter  bolting  the  words 
out  loudly  at  intervals,  so  that  the  minister  might  hear 
if  he  would.  He  said  he  had  a  great  mind  at  one  time 
to  have  got  up,  in  order  to  put  a  stop  to  Mr.  Izard. 


1791.  Towards  the  latter  end  of  November,  Hamilton 
had  drawn  Ternant  into  a  conversation  on  the  subject  of 
the  treaty  of  commerce  recommended  by  the  National 
Assembly  of  France  to  be  negotiated  with  us,  and,  as  he 
had  no  ready  instructions  on  the  subject,  he  led  him  into 
a  proposal  that  Ternant  should  take  the  thing  up  as  a 
volunteer  with  me,  that  we  should  arrange  conditions, 
and  let  them  go  for  confirmation  or  refusal.  Hamilton 
communicated  this  to  the  President,  who  came  into  it, 
and  proposed  it  to  me.  I  disapproved  of  it,  observing 
that  such  a  volunteer  project  would  be  binding  on  us, 
and  not  them ;  that  it  would  enable  them  to  find  out  how 
far  we  would  go,  and  avail  themselves  of  it.  However, 
the  President  thought  it  worth  trying,  and  I  acquiesced. 
I  prepared  a  plan  of  treaty  for  exchanging  the  privi 
leges  of  native  subjects,  and  fixing  all  duties  forever  as 
they  now  stood.  Hamilton  did  not  like  this  way  of 
fixing  the  duties,  because,  he  said,  many  articles  here 
wrould  bear  to  be  raised,  and  therefore,  he  would  pre 
pare  a  tariff.  He  did  so,  raising  duties  for  the  French, 


1792  ANAS  of  THOMAS  JEFFERSON.  65 

from  twenty-five  to  fifty  per  cent.  So  they  were  to  give 
us  tlie  privileges  of  native  subjects,  and  we,  as  a  com 
pensation,  were  to  make  them  pay  higher  duties.  Ham 
ilton,  having  made  his  arrangements  with  Hammond  to 
pretend  that  though  he  had  no  powers  to  conclude  a 
treaty  of  commerce,  yet  his  general  commission  author 
ized  him  to  enter  into  the  discussion  of  one,  then  pro 
posed  to  the  President  at  one  of  our  meetings  that  the 
business  should  be  taken  up  with  Hammond  in  the  same 
informal  way.  I  now  discovered  the  trap  which  he 
had  laid,  by  first  getting  the  President  into  that  step 
with  Ternant.  I  opposed  the  thing  warmly.  Hamilton 
observed  if  we  did  it  with  Ternant  we  should  also  with 
Hammond.  The  President  thought  this  reasonable. 
I  desired  him  to  recollect,  I  had  been  against  it  with 
Ternant,  and  only  acquiesced  under  his  opinion.  So 
the  matter  went  off  as  to  both.  His  scheme  evidently 
was,  to  get  us  engaged  first  with  Ternant,  merely  that 
he  might  have  a  pretext  to  engage  us  on  the  same  ground 
with  Hammond,  taking  care,  at  the  same  time,  by  an 
extravagant  tariff,  to  render  it  impossible  we  should 
come  to  any  conclusion  with  Ternant :  probably  mean 
ing,  at  the  same  time,  to  propose  terms  so  favorable  to 
Great  Britain,  as  would  attach  us  to  that  country  by 
treaty.  On  one  of  those  occasions  he  asserted  that  our 
commerce  with  Great  Britain  and  her  colonies  was  put 
on  a  much  more  favorable  footing  than  with  France  and 
her  colonies.  I  therefore  prepared  the  tabular  com 
parative  view  of  the  footing  of  our  commerce  with  those 
nations,  which  see  among  my  papers.  See  also  my  pro 
ject  of  a  treaty  and  Hamilton's  tariff. 
Committed  to  writing  March  llth,  1792. 

1792,  March  llth.     Mr.  Sterret  tells  me,  that  sitting 


66  ANAS  of  THOMAS  JEFFERSON.  1792 

round  a  fire  the  other  day  with  four  or  five  others,  (Mr. 
Smith  of  South  Carolina  was  one),  somebody  mentioned 
that  the  murderers  of  Hogeboom,  sheriff  of  Columbia 
county,  New  York,  were  acquitted.  "Aye,"  says  Smith, 
"this  is  what  comes  of  your  damned  trial  by  jury." 
I  Verbal  answer  proposed  to  the  President  to  be  made 
to  the  Committee  who  are  to  wait  on  him  with  the  reso 
lution  of  the  10th  inst.,  congratulating  on  the  comple 
tion  and  acceptance  of  the  French  constitution. 

That  the  President  will,  in  his  answer,  communicate 
to  the  King  of  the  French,  the  sentiments  expressed  by 
the  House  of  Representatives  in  the  resolution  which 
the  committee  has  delivered  him. 

Mar.  12,  1792. 

It  was  observable,  that  whenever  at  any  of  our  con 
sultations,  anything  was  proposed  as  to  Great  Britain, 
Hamilton  had  constantly  ready  something  which  Mr. 
Hammond  had  communicated  to  him,  which  suited  the 
subject  and  proved  the  intimacy  of  their  communica 
tions;  insomuch,  that  I  believe  he  communicated  to 
Hammond  all  our  views,  and  knew  from  him,  in  return, 
the  views  of  the  British  court.  Many  evidences  of  this 
occurred;  I  will  state  some.  1  delivered  to  thePresident 
my  report  of  instructions  for  Carmichael  and  Short  on 
the  subject  of  navigation,  boundary  and  commerce,  and 
desired  him  to  submit  it  to  Hamilton.  Hamilton  made 
several  just  criticisms  on  different  parts  of  it.  But  where 
I  asserted  that  the  United  States  had  no  right  to  alienate 
an  inch  of  the  territory  of  any  State,  he  attacked  and 
denied  the  doctrine.  See  my  report,  his  note,  and  my 
answer.  A  few  days  after  c*™e  to  hand  Kirkland's 
letter,  informing  us  that  the  British,  at  Niagara,  ex 
pected  to  run  a  new  line  between  themselves  and  us; 


1792  ANAS  of  THOMAS  JEFFERSON.  67 

and  the  reports  of  Pond  and  Stedman,  informing  us  it 
was  understood  at  Niagara,  that  Captain  Stevenson  had 
been  sent  here  by  Simcoe  to  settle  that  plan  with  Ham 
mond.  Hence  Hamilton's  attack  of  the  principle  I 
had  laid  down,  in  order  to  prepare  the  way  for  this  new 
line.  See  minute  of  March  the  9th.  Another  proof. 
At  one  of  our  consultations,  about  the  last  of  December, 
I  mentioned  that  I  wished  to  give  in  my  report  on  com 
merce,  in  which  I  could  not  avoid  recommending  a  com 
mercial  retaliation  against  Great  Britain.  Hamilton 
opposed  it  violently;  and  among  other  arguments,  ob 
served,  that  it  was  of  more  importance  to  us  to  have  the 
posts  than  to  commence  a  commercial  war ;  that  this,  and 
this  alone,would  free  us  from  the  expense  of  the  Indian 
wars ;  that  it  would  therefore  be  the  height  of  imprudence 
in  us,  while  treating  for  the  surrender  of  the  posts,  to 
engage  in  anything  which  would  irritate  them;  that  if 
we  did  so,  they  would  naturally  say,  "these  people  mean 
war,  let  us  therefore  hold  what  we  have  in  our  hands/* 
This  argument  struck  me  forcibly,  and  I  said,  "if  there 
is  a  hope  of  obtaining  the  posts,  I  agree  it  would  be  im 
prudent  to  risk  that  hope  by  a  commercial  retaliation. 
I  will,  therefore,  wait  till  Mr.  Hammond  gives  me  in  his 
assignment  of  breaches,  and  if  that  gives  a  glimmering 
of  hope  that  they  mean  to  surrender  the  posts,  I  will  not 
give  in  my  report  till  the  next  session."  Now,  Ham 
mond  had  received  my  assignment  of  breaches  on  the 
15th  of  December,  and  about  the  22d  or  23d  had  made 
me  an  apology  for  not  having  been  able  to  send  me  his 
counter-assignment  of  breaches;  but  in  terms  which 
showed  I  might  expect  it  in  a  few  days.  From  the 
moment  it  escaped  my  lips  in  the  presence  of  Hamilton, 
that  I  would  not  give  in  my  report  till  I  should  see  Ham 
mond's  counter-complaint,  and  judge  if  there  was  a 


68  ANAS  of  THOMAS  JEFFERSON.  1792 

hope  of  the  posts,  Hammond  never  said  a  word  to  me 
on  any  occasion,  as  to  the  time  he  should  be  ready.  At 
length  the  President  got  out  of  patience,  and  insisted 
I  should  jog  him.  This  I  did  on  the  21st  of  February, 
at  the  President's  assembly;  he  immediately  promised  I 
should  have  it  in  a  few  days,  and  accordingly,  on  the 
5th  of  March  I  received  it. 
Written  March  llth,  1792. 

March  12th,  1792.  Sent  for  by  the  President,  and 
desired  to  bring  the  letter  he  had  signed  to  the  King  of 
France.  Went.  He  said  the  House  of  Representatives 
had,  on  Saturday,  taken  up  the  communication  he  had 
made  of  the  King's  letter  to  him,  and  come  to  a  vote  in 
their  own  name ;  that  he  did  not  expect  this  when  he 
sent  the  message  and  the  letter ;  otherwise  he  would  have 
sent  the  message  without  the  letter,  as  I  had  proposed. 
That  he  apprehended  the  legislature  would  be  endeav 
oring  to  invade  the  executive.  I  told  him  I  had  under 
stood  the  House  had  resolved  to  request  him  to  join 
their  congratulations  to  his  on  the  completion  and  ac 
ceptance  of  the  constitution  on  which  part  of  the  vote, 
there  were  only  two  dissentients,  (Barnwell  and  Ben 
son)  that  the  vote  was  thirty-five  to  sixteen  on  that 
part  which  expressed  an  approbation  of  the  wisdom  of 
the  constitution;  that  in  the  letter  he  had  signed,  I  had 
avoided  saying  a  word  in  approbation  of  the  constitu 
tion,  not  knowing  whether  the  King,  in  his  heart,  ap 
proved  it.  Why,  indeed,  says  he,  I  begin  to  doubt  very 
much  of  the  affairs  of  France ;  there  are  papers  from  Lon 
don  as  late  as  the  10th  of  January,  which  represent  them 
as  going  into  confusion.  He  read  over  the  letter  he  had 
signed,  found  there  was  not  a  word  which  could  commit 
his  judgment  about  the  constitution,  and  gave  it  to  me 


1792  ANAS  of  THOMAS  JEFFERSON.  69 

back  again.  This  is  one  of  many  proofs  I  have  had,  of 
his  want  of  confidence  in  the  event  of  the  French  revolu 
tion.  The  fact  is,  that  Governcur  Morris,  a  high-flying 
monarchy  man,  shutting  his  eyes  and  his  faith  to  every 
fact  against  his  wishes,  and  believing  everything  he 
desires  to  be  true,  has  kept  the  President's  mind  con 
stantly  poisoned  with  his  forebodings.  That  the  Presi 
dent  wishes  the  revolution  may  be  established,  I  be 
lieve  from  several  indications.  I  remember,  when  I 
received  the  news  of  the  King's  flight  and  capture,  I 
first  told  him  of  it  at  his  assembly.  I  never  saw  him  so 
much  dejected  by  any  event  in  my  life.  He  expressed 
clearly,  on  this  occasion,  his  disapprobation  of  the 
legislature  referring  things  to  the  Heads  of  departments. 
Written  March  the  12th. 

Eodem  die.  Ten  o'clock  A.  M.  The  preceding  was 
about  nine  o'clock.  The  President  now  sends  Lear  to 
me,  to  ask  what  answer  he  shall  give  to  the  committee, 
and  particularly,  whether  he  shall  add  to  it,  that,  "in 
making  the  communication,  it  was  not  his  expectation 
that  the  House  should  give  any  answer."  I  told  Mr. 
Lear  that  I  thought  the  House  had  a  right,  independent 
ly  of  legislation,  to  express  sentiments  on  other  sub 
jects.  That  when  these  subjects  did  not  belong  to  any 
other  branch  particularly,  they  would  publish  them 
by  their  own  authority;  that  in  the  present  case,  which 
respected  a  foreign  nation,  the  President  being  the  organ 
of  our  nation  with  other  nations,  the  House  would  satisfy 
their  duty,  if,  instead  of  a  direct  communication,  they 
should  pass  their  sentiments  through  the  President;  that 
if  expressing  a  sentiment  were  really  an  invasion  of  the 
executive  power,  it  was  so  faint  a  one,  that  it  would  be 
difficult  to  demonstrate  it  to  the  public,  and  to  a  public 


70  ANAS  of  THOMAS  JEFFERSON.  1792 

partial  to  the  French  revolution,  and  not  disposed  to 
consider  the  approbation  of  it  from  any  quarter  as  im 
proper.  That  the  Senate,  indeed,  had  given  many  in 
dications  of  their  wish  to  invade  the  executive  power: 
the  Representatives  had  done  it  in  one  case,  which  was 
indeed  mischievous  and  alarming;  that  of  giving  orders 
to  the  Heads  of  the  executive  departments,  without  con 
sulting  the  President ;  but  that  the  late  vote  for  directing 
the  Secretary  of  the  Treasury  to  report  ways  and  means, 
though  carried,  was  carried  by  so  small  a  majority,  and 
with  the  aid  of  members  so  notoriously  under  a  local 
influence  on  that  question,  as  to  give  a  hope  that  the 
practice  would  be  arrested,  and  the  constitutional  course 
be  taken  up,  of  asking  the  President  to  have  information 
laid  before  them.  But  that  in  the  present  instance,  it 
was  so  far  from  being  clearly  an  invasion  of  the  executive 
and  would  be  so  little  approved  by  the  general  voice, 
that  I  could  not  advise  the  President  to  express  any 
dissatisfaction  at  the  vote  of  the  House;  and  I  gave 
Lear,  in  writing,  what  I  thought  should  be  his  answers. 
See  it. 

March  3lst.  A  meeting  at  the  President's;  present, 
Thomas  Jefferson,  Alexander  Hamilton,  Henry  Knox 
and  Edmond  Randolph.  The  subject  was  the  resolu 
tion  of  the  House  of  Representatives,  of  March  27th, 
to  appoint  a  committee  to  inquire  into  the  causes  of  the 
failure  of  the  late  expedition  under  Major  General  St. 
Clair  with  the  power  to  call  for  such  persons,  papers 
and  records  as  may  be  necessary  to  assist  their  in 
quiries.  The  committee  had  written  to  Knox  for  the 
original  letters,  instructions,  &c.  The  President  had 
called  us  to  consult,  merely  because  it  was  the  first  ex 
ample,  and  he  wished  that  so  far  as  it  should  become 


1792  ANAS  of  THOMAS  JEFFERSON.  71 

a  precedent,  it  should  be  rightly  conducted.  He  neither 
acknowledged  nor  denied,  nor  even  doubted  the  pro 
priety  of  what  the  House  were  doing,  for  he  had  not 
thought  upon  it,  nor  was  acquainted  with  subjects  of 
this  kind:  he  could  readily  conceive  there  might  be 
papers  of  so  secret  a  nature,  as  that  they  ought  not  to 
be  given  up.  We  were  not  prepared,  and  wished  time 
to  think  and  enquire. 

April  2d.  Met  again  at  the  President's,  on  the  same 
subject.  We  had  all  considered,  and  were  of  one  mind, 
first,  that  the  House  was  an  inquest,  and  therefore  might 
institute  inquiries.  Second,  that  it  might  call  for  papers 
generally.  Third,  that  the  executive  ought  to  com 
municate  such  papers  as  the  public  good  would  permit, 
and  ought  to  refuse  those,  the  disclosure  of  which  would 
injure  the  public.  Consequently  were  to  exercise  a  dis 
cretion.  Fourth,  that  neither  the  committee  nor  House 
had  a  right  to  call  on  the  Head  of  a  department,  who  and 
whose  papers  were  under  the  President  alone,  but  that 
the  committee  should  instruct  their  chairman  to  move 
the  House  to  address  the  President.  We  had  princi 
pally  consulted  the  proceedings  of  the  Commons  in  the 
case  of  Sir  Robert  Walpole,  13  Chandler's  Debates. 
For  the  first  point,  see  pages  161,  170,  172,  183,  187, 
207;  for  the  second,  pages  153,  173,  207;  for  the  third, 
81,  173,  appendix  page  44;  fourth,  page  246.  Note. 
Hamilton  agreed  with  us  in  all  these  points,  except  as  to 
the  power  of  the  House  to  call  on  Heads  of  departments. 
He  observed,  that  as  to  his  department,  the  act  con 
stituting  it  had  made  it  subject  to  Congress  in  some 
points,  but  he  thought  himself  not  so  far  subject,  as  to 
be  obliged  to  produce  all  the  papers  they  might  call  for. 
They  might  demand  secrets  of  a  very  mischievous  nature. 


72  ANAS  of  THOMAS  JEFFERSON.  1792 

Here  I  thought  he  began  to  fear  they  would  go  on  to 
examining  how  far  their  own  members  and  other  per 
sons  in  the  government  had  been  dabbling  in  stocks, 
banks,  &c.,  and  that  he  probably  would  choose  in  this 
case  to  deny  their  power;  and,  in  short,  he  endeavored 
to  place  himself  subject  to  the  House,  when  the  execu 
tive  should  propose  what  he  did  not  like,  and  subject  to 
the  executive,  when  the  House  should  propose  anything 
disagreeable.  I  observed  here  a  difference  between 
the  British  parliament  and  our  Congress,  that  the  for 
mer  was  a  legislature,  an  inquest,  and  a  council  (S.  C. 
page  91.)  for  the  King.  The  latter  was,  by  the  consti 
tution,  a  legislature  and  an  inquest,  but  not  a  council. 
Finally  agreed,  to  speak  separately  to  the  members  of 
the  commitee,  and  bring  them  by  persuasion  into  the 
right  channel.  It  was  agreed  in  this  case,  that  there 
was  not  a  paper  which  might  not  be  properly  produced, 
that  copies  only  should  be  sent,  with  an  assurance,  that 
if  they  should  desire  it,  a  clerk  should  attend  with  the 
originals  to  be  verified  by  themselves.  The  committee 
were  Fitzsimmons,  Steele,  Mercer,  Clarke,  Sedgwick, 
Giles  and  Vining. 

April  9*fe,  1792.  The  President  had  wished  to  redeem 
our  captives  at  Algiers,  and  to  make  peace  with  them 
on  paying  an  annual  tribute.  The  Senate  were  willing 
to  approve  this,  but  unwilling  to  have  the  lower  House 
applied  to  previously  to  furnish  the  money;  they  wished 
the  President  to  take  the  money  from  the  treasury,  or 
open  a  loan  for  it.  They  thought  that  to  consult  the 
Representatives  on  one  occasion,  would  give  them  a 
handle  always  to  claim  it,  and  would  let  them  into  a 
participation  of  the  power  of  making  treaties,  which  the 
constitution  had  given  exclusively  to  the  President  and 


1792  ANAS  of  THOMAS  JEFFERSON.  73 

Senate.  They  said  too,  that  if  the  particular  sum  was 
voted  by  the  Representatives,  it  would  not  be  a  secret. 
The  President  had  no  confidence  in  the  secresy  of  the 
Senate,  and  did  not  choose  to  take  money  from  the 
treasury  or  to  borrow.  But  he  agreed  he  would  enter 
into  provisional  treaties  with  the  Algerines,  not  to  be 
binding  on  us  till  ratified  here.  I  prepared  questions 
for  consultation  with  the  Senate,  and  added,  that  the 
Senate  were  to  be  apprized,  that  on  the  return  of  the 
provisional  treaty,  and  after  they  should  advise  the 
ratification,  he  would  not  have  the  seal  put  to  it  till  the 
two  Houses  should  vote  the  money.  He  asked  me  if 
the  treaty  stipulating  a  sum  and  ratified  by  him,  with 
the  advice  of  the  Senate,  would  not  be  good  under  the 
constitution,  and  obligatory  on  the  Representatives  to 
furnish  the  money?  I  answered  it  certainly  would,  and 
that  it  would  be  the  duty  of  the  Representatives  to 
raise  the  money;  but  that  they  might  decline  to  do  what 
was  their  duty,  and  I  thought  it  might  be  incautious  to 
commit  himself  by  a  ratification  with  a  foreign  nation, 
where  he  might  be  left  in  the  lurch  in  the  execution:  it 
was  possible  too,  to  conceive  a  treaty,  which  it  would 
not  be  their  duty  to  provide  for.  He  said  that  he  did  not 
like  throwing  too  much  into  democratic  hands,  that  if 
they  would  not  do  what  the  constitution  called  on  them 
to  do,  the  government  would  be  at  an  end,  and  must 
then  assume  another  form.  He  stopped  here;  and  I 
kept  silence  to  see  whether  he  would  say  anything  more 
in  the  same  line,  or  add  any  qualifying  expression  to 
soften  what  he  had  said,  but  he  did  neither. 

I  had  observed,  that  wherever  the  agency  of  either  or 
both  Houses  would  be  requisite  subsequent  to  a  treaty 
to  carry  it  into  effect,  it  would  be  prudent  to  consult 
them  previously,  if  the  occasion  admitted.  That  thus 


74  ANAS  of  THOMAS  JEFFERSON.  1792 

it  was,  we  were  in  the  habit  of  consulting  the  Senate 
previously,  when  the  occasion  permitted,  because  their 
subsequent  ratification  would  be  necessary.  That  there 
was  the  same  reason  for  consulting  the  lower  House  pre 
viously,  where  they  were  to  be  called  on  afterwards,  and 
especially  in  the  case  of  money,  as  they  held  the  purse 
strings,  and  would  be  jealous  of  them.  However,  he 
desired  me  to  strike  out  the  intimation  that  the  seal 
would  not  be  put  till  both  Houses  should  have  voted 
the  money. 

April  6th.  The  President  called  on  me  before  break 
fast,  and  first  introduced  some  other  matter,  then  fell  on 
TV  the  representation  bill,  which  he  had  now  in  his  pos 
session  for  the  tenth  day.  I  had  before  given  him  my 
opinion  in  writing,  that  the  method  of  apportionment 
was  contrary  to  the  constitution.  He  agreed  that  it  was 
contrary  to  the  common  understanding  of  that  instru 
ment,  and  to  what  was  understood  at  the  time  by  the 
makers  of  it;  that  yet  it  would  bear  the  construction 
which  the  bill  put,  and  he  observed  that  the  vote  for 
and  against  the  bill  was  perfectly  geographical,  a  north 
ern  against  a  southern  vote,  and  he  feared  he  should  be 
thought  to  be  taking  side  with  a  southern  party.  I 
admitted  the  motive  of  delicacy,  but  that  it  should  not 
induce  him  to  do  wrong;  urged  the  dangers  to  which  the 
scramble  for  the  fractionary  members  would  always 
lead.  He  here  expressed  his  fear  that  there  would,  ere 
long,  be  a  separation  of  the  Union ;  that  the  public  mind 
seemed  dissatisfied  and  tending  to  this.  He  went  home, 
sent  for  Randolph,  the  Attorney  General,  desired  him 
to  get  Mr.  Madison  immediately  and  come  to  me,  and 
if  we  three  concurred  in  opinion  that  he  should  negative 
the  bill,  he  desired  to  hear  nothing  more  about  it,  but 


1792  ANAS  of  THOMAS  JEFFERSON.  75 

that  we  would  draw  the  instrument  for  him  to  sign.  They 
came.  Our  minds  had  been  before  made  up.  We  drew 
the  instrument.  Randolph  carried  it  to  him.  and  told 
him  we  all  concurred  in  it.  He  walked  with  him  to  the 
door,  and  as  if  he  still  wished  to  get  off,  he  said,  "and 
you  say  you  approve  of  this  yourself."  "Yes  Sir," 
says  Randolph,  "I  do  upon  my  honor."  He  sent  it  to 
the  House  of  Representatives  instantly.  A  few  of  the 
hottest  friends  of  the  bill  expressed  passion,  but  the 
majority  were  satisfied,  and  both  in  and  out  of  doors  it 
gave  pleasure  to  have,  at  length,  an  instance  of  the 
negative  being  exercised. 

Written  this  the  9th  of  April. 

Notes  of  a  conversation  with  Hammond.    June  3d,    1792. 

Having  received  Mr.  Hammond's  letter  of  June  2d, 
informing  me  that  my  letter  of  May  29th  should  be  sent 
to  his  court  for  their  instructions,  I  immediately  went 
to  his  house.  He  was  not  at  home.  I  wrote  him  a 
note,  inviting  him  to  come  and  dine  with  me  alone,  that 
we  might  confer  together  in  a  familiar  way  on  the  sub 
ject  of  our  letters,  and  consider  what  was  to  be  done. 
He  was  engaged,  but  said  he  would  call  on  me  any  hour 
the  next  day.  I  invited  him  to  take  a  solo  dinner  the 
next  day.  He  accepted  and  camt.  After  the  cloth  was 
taken  off,  and  the  servants  retired,  I  introduced  the 
conversation  by  adverting  to  that  part  of  his  letter 
wherein  he  disavowed  any  intentional  deception,  if  he 
had  been  misinformed,  and  had  misstated  any  facts, 
assuring  him  that  I  acquitted  him  of  every  suspicion  of 
that  kind :  that  he  had  been  here  too  short  a  time  to  be 
acquainted  with  facts  himself,  or  to  know  the  best 


76  ANAS  of  THOMAS  JEFFERSON.  1792 

sources  for  getting  at  them:  that  I  had  found  great 
difficulty  myself  in  the  investigation  of  facts,  and  with 
respect  to  the  proceedings  of  the  courts  particularly, 
had  been  indebted  to  the  circumstance  of  Congress 
being  in  session,  so  that  I  could  apply  to  the  members 
of  the  different  States  for  information  respecting  their 
States.  I  told  him  that  each  party  having  now  stated 
the  matters  between  the  two  nations  in  the  point  of 
view  in  which  they  appeared  to  each,  had  hoped  that 
we  might  by  the  way  of  free  conversation  abridge  what 
remained :  that  I  expected  we  were  to  take  for  our  basis, 
that  the  treaty  was  to  be  fully  executed:  that,  on  our 
part,  we  had  pronounced  our  demands  explicitly,  to 
have  the  upper  posts  delivered  up,  and  the  negroes  paid 
for:  that  they  objected  infractions  on  our  part,  which  we 
denied:  that  we  ought  to  proceed  to  investigate  the 
facts  on  which  we  differed:  that  this  was  the  country 
in  which  they  could  alone  be  investigated;  and  if  it 
should  be  found  we  had  unjustifiably  broken  the  treaty, 
the  case  was  of  a  nature  to  admit  of  a  proper  compro 
mise. 

He  said  that  he  believed  the  question  had  never  been 
understood  by  his  court; — admitted  they  had  as  yet 
heard  only  one  side  of  it,  and  that  from  a  party  which 
entertained  strong  feelings  against  us  (I  think  he  said 
the  Refugees) :  that  the  idea  would  be  quite  new  to  his 
court,  of  their  having  committed  the  first  infractions, 
and  of  the  proceedings  on  the  subject  of  their  debts  here 
being  on  the  ground  of  retaliation:  that  this  gave  the 
case  a  complexion  so  entirely  new  and  different  from 
what  had  been  contemplated,  that  he  should  not  be 
justified  in  taking  a  single  step :  that  he  should  send  my 
letter  to  the  ministers — that  they  would  be  able  to  con 
sider  facts  and  dates,  see  if  they  had  really  been  the  first 


1792  ANAS  of  THOMAS  JEFFERSON.  77 

infractors,  and  say  what  ground  they  would  take  on  this 
new  state  of  the  case:  that  the  matter  was  now  for  the 
first  time  carried  into  mutual  discussion:  that  the  close 
of  my  letter  contained  specific  propositions,  to  which 
they  would  of  course  give  specific  answers  adapted  to 
the  new  statement  of  things  brought  forward.  I  re 
plied,  that  as  to  the  fact  of  their  committing  the  first 
infraction,  it  could  not  be  questioned:  confessed  that  I 
believe  the  ministers  which  signed  the  treaty,  meant  to 
execute  it:  that  Lord  Shelburne's  plan  was  to  produce 
a  new  coalescence  by  a  liberal  conduct  towards  us :  that 
the  ministry  which  succeeded  thought  the  treaty  too 
liberal,  and  wished  to  curtail  its  effect  in  the  course  of 
executing  it;  but  that  if  every  move  and  counter-move 
was  to  cross  the  Atlantic,  it  would  be  a  long  game  in 
deed.  He  said,  no :  that  he  thought  they  could  take 
their  ultimate  ground  at  once,  on  having  before  them  a 
full  view  of  the  facts,  and  he  thought  it  foftunate  that 
Mr.  Bond,  from  whom  he  got  most  of  his  information, 
and  Lord  Dorchester,  would  be  on  the  spot  to  bring 
things  to  rights,  and  he  imagined  he  could  receive  his 
instructions  before  November. 

I  told  him  that  1  apprehended  that  Lord  Dorchester 
would  not  feel  a  disposition  to  promote  conciliation, 
seeing  himself  marked  personally  as  an  infractor;  and 
mentioned  to  him  the  opinions  entertained  here  of  the 
unfriendliness  of  Mr.  Bond's  mind  towards  us.  He  jus 
tified  Mr.  Bond.,  believed  him  candid  and  disposed  to 
conciliate.  Besides  Mr.  Bond,  he  had  received  informa 
tion  from  their  other  consuls,  and  the  factors  of  the 
merchants,  who  assured  him  that  they  could  furnish 
proofs  of  the  facts  they  communicated  to  him,  and 
which  he  had  advanced  on  their  authority,  and  that 
he  should  now  write  to  them  to  produce  their  author- 


78          ANAS  of  THOMAS  JEFFERSON.  1792 

ity.  He  admitted  that  the  debt  to  British  fubjecti 
might  be  considered  as  liquidated  from  the  Potomac 
northward;  that  South  Carolina  was  making  a  laud 
able  effort  to  pay  hers;  and  that  the  only  important 
object  now  was,  that  of  Virginia,  amounting  by  his 
list  to  two  millions  sterling;  that  the  attention  of 
the  British  merchants  from  North  to  South  was  turned 
to  the  decision  of  the  case  of  Jones  and  Walker,  which 
he  hoped  would  take  place  at  the  present  session, 
and  let  them  see  what  they  had  to  depend  on.  I 
told  him  that  I  was  sorry  to  learn  that  but  two 
judges  had  arrived  in  Richmond,  and  that  unless 
the  third  arrived  they  would  not  take  it  up.  I  desired 
him  to  observe  that  the  question  in  that  case  related 
only  to  that  description  of  debts  which  had  been  paid 
into  the  treasury :  that  without  pretending  to  know  with 
any  accuracy  what  proportion  of  the  whole  debt  of 
Virginia  had  been  paid  into  the  treasury,  I  believed  it  was 
a  small  one ;  but  the  case  of  Jones  and  Walker  would  be 
a  precedent  for  those  debts  only:  that  as  to  the  great 
residuary  mass,  there  were  precedents  enough,  as  it 
appeared  they  were  in  a  full  course  of  recovery,  and  that 
there  was  no  obstacle,  real  or  apparent.  He  did  not  ap 
pear  to  have  adverted  to  the  distinction,  and  showed 
marks  of  satisfaction  on  understanding  that  the  ques 
tion  was  confined  to  the  other  portion  of  the  debts  only. 
He  thought  that  the  collection,  there  being  one  under 
a  hopeful  way,  would  of  itself  change  the  ground  on 
which  our  difference  stands.  He  observed  that  the 
treaty  was  of  itself  so  vague  and  inconsistent  in  many 
of  its  parts  as  to  require  an  explanatory  convention, 
He  instanced  the  two  articles,  one  of  which  gave  them 
the  navigation  of  the  Mississippi,  and  the  other  bounded 
them  by  a  due  west  line  from  the  Lake  of  the  Woods, 


1792  ANAS  of  THOMAS  JEFFERSON.          79 

which  being  now  understood  to  pass  beyond  the  most 
northern  sources  of  the  Mississippi,  intercepted  all 
access  to  that  river :  that  to  reconcile  these  articles,  that 
line  should  be  so  run  as  to  give  them  access  to  the  navi 
gable  waters  of  the  Mississippi,  and  that  it  would  even 
be  for  our  interest  to  introduce  a  third  power  between 
us  and  the  Spaniards.  He  asked  my  idea  of  the  line 
from  the  Lake  of  the  Woods,  and  of  now  settling  it.  I 
told  him  I  knew  of  no  objection  to  the  settlement  of  it, 
that  my  idea  of  it  was,  that  if  it  was  an  impassable  line, 
as  proposed  in  the  treaty,  it  should  be  rendered  passable 
by  as  small  and  unimportant  an  alteration  as  might  be, 
which  I  thought  would  be  to  throw  in  a  line  running  due 
north  from  the  northernmost  source  of  the  Mississippi, 
till  it  should  strike  the  western  line  from  the  Lake  of  the 
Woods:  that  the  article  giving  them  a  navigation  in  the 
Mississippi  did  not  relate  at  all  to  this  northern  bound 
ary,  but  to  the  southern  one,  and  to  the  secret  article 
respecting  that:  that  he  knew  that  our  Provisional 
Treaty  was  made  seven  weeks  before  that  of  Spain :  that 
at  the  date  of  ours,  their  ministers  had  still  a  hope  of  re 
taining  Florida,  in  which  case  they  were  to  come  up  to 
the  thirty-second  degree,  and  in  which  case  also  the 
navigation  of  the  Mississippi  would  have  been  important ; 
but  that  they  had  not  been  able,  in  event,  to  retain  the 
ountry  to  which  the  navigation  was  to  be  an  appendage. 
(It  was  evident  to  me  that  they  had  it  in  view  to  claim 
a  slice  on  our  northwestern  quarter,  that  they  may  get 
into  the  Mississippi ;  indeed,  I  thought  it  presented  as  a 
sort  of  make-weight  with  the  posts  to  compensate  the 
great  losses  their  citizens  had  sustained  by  the  infrac 
tions  charged  on  us.) 

I  had  hinted  that  I  had  not  been  without  a  hope  that 
an  early  possession  of  the  posts  might  have  been  given 


80  ANAS  of  THOMAS  JEFFERSON.  1792 

us  as  a  commencement  of  full  execution  of  the  treaty. 

He  asked  me  if  I  had  conceived  that  he  was  author 
ized  to  write  to  the  Governor  of  Canada  to  deliver  us 
the  posts?  I  said  I  had.  He  smiled  at  that  idea,  and 
assured  me  he  had  by  no  means  any  such  authority. 
I  mentioned  what  I  had  understood  to  have  passed  be 
tween  him  and  General  Dickinson,  which  was  related 
to  me  by  Mr.  Hawkins,  to  wit :  that  the  posts  might  be 
delivered  upon  the  assurance  of  the  recovery  of  their 
debts  in  Virginia.  He  said  that  if  any  such  thing  as 
that  had  dropped  from  him,  it  must  have  been  merely 
as  a  private  and  unauthorized  opinion,  for  that  the 
opinion  of  his  court  was,  that  the  retention  of  the  posts 
was  but  a  short  compensation  for  the  losses  which  their 
citizens  had  sustained,  and  would  sustain  by  the  delay 
of  their  admission  into  our  courts.  (Putting  together 
this  expression  and  his  frequent  declaration  that  the 
face  of  the  controversy  was  now  so  totally  changed  from 
what  it  was  understood  to  be  at  his  court,  that  no  in 
structions  of  his  could  be  applicable  to  it,  I  concluded 
that  his  court  had  entertained  no  thought  of  ever  giving 
up  the  posts,  and  had  framed  their  instructions  to  him 
on  a  totally  different  hypothesis.)  He  asked  what  we 
understood  to  be  the  boundary  between  us  and  the 
Indians?  I  told  him  he  would  see  by  recurring  to  my 
report  on  the  North  Western  Territory,  and  by  tracing 
the  line  there  described  on  Hutchins'  map.  What  did 
I  understand  to  be  our  right  in  the  Indian  soil?  1st. 
A  right  of  preemption  of  their  lands;  that  is  to  say,  the 
sole  and  exclusive  right  of  purchasing  from  them  when 
ever  they  should  be  willing  to  sell.  2d.  A  right  of 
regulating  the  commerce  between  them  and  the  whites. 
Did  I  suppose  that  the  right  of  preemption  prohibited 
any  individual  of  another  nation  from  purchasing  lands 


1792  ANAS  of  THOMAS  JEFFERSON.  81 

which  the  Indians  should  be  willing  to  sell?  Certainly. 
We  consider  it  as  established  by  the  usage  of  different 
nations  into  a  kind  of  Jus  gentium  for  America,  that  a 
white  nation  settling  down  and  declaring  that  such  and 
such  are  their  limits,  makes  an  invasion  of  those  limits 
by  any  other  white  nation  an  act  of  war,  but  gives  no 
right  of  soil  against  the  native  possessors.  Did  I  think 
the  right  of  regulating  the  commerce  went  to  prohibit 
the  British  traders  from  coming  into  the  Indian  terri 
tory?  That  has  been  the  idea.  He  said  this  would  be 
hard  on  the  Indians.  I  observed  that  whichever  way 
the  principle  was  established,  it  would  work  equally  on 
both  sides  the  line.  I  did  not  know  whether  we  would 
gain  or  lose  by  mutual  admission  or  exclusion.  He  said 
they  apprehended  our  intention  was  to  exterminate  the 
Indians  and  take  the  lands.  I  assured  him  that,  on 
the  contrary,  our  system  was  to  protect  them,  even 
against  our  own  citizens;  that  we  wish  to  get  lines  es 
tablished  with  all  of  them,  and  have  no  views  even  of 
purchasing  any  more  lands  of  them  for  a  long  time.  We 
consider  them  as  a  mare  chaussee,  or  police,  for  scouring 
the  woods  on  our  borders,  and  preventing  their  being  a 
cover  for  rovers  and  robbers. 

He  wished  the  treaty  had  established  an  independent 
nation  between  us  to  keep  us  apart.  He  was  under 
great  apprenhensions  that  it  would  become  a  matter  of 
bidding  as  it  were,  between  the  British  and  us,  who 
should  have  the  greatest  army  there,  and  who  should 
have  the  greatest  force  on  the  lakes:  that  we,  holding 
posts  on  this  side  the  water,  and  they  on  the  other, 
soldiers  looking  constantly  at  one  another,  would  get 
into  broils  and  commit  the  two  nations  in  war.  I  told 
him  we  might  perhaps  regulate  by  agreement  the  force 
to  be  kept  on  each  side. 


82  ANAS  of  THOMAS  JEFFERSON.  1792 

He  asked  what  was  our  view  in  keeping  a  force  there : 
that  he  apprehended  if  we  had  these  posts,  we  should 
be  able  to  hinder  vessels  from  passing.  I  answered  that 
I  did  not  know  whether  the  position  of  the  present  posts 
WHS  such  as  that  no  vessel  could  pass  but  within  their 
gun-shot;  but  that  each  party  must  have  plenty  of  such 
positions  on  the  opposite  sides,  exclusively  of  the  present 
posts :  that  our  view  in  possessing,  these  posts  was  to  awe 
the  Indians,  to  participate  in  the  fur  trade,  to  protect 
that  trade.  Protect  it  against  whom?  Against  the 
Indians.  He  asked  what  I  imagined  to  be  their  motives 
for  keeping  the  posts?  To  influence  the  Indians,  to 
keep  off  a  rival  nation  and  the  appearance  of  having  a 
rival  nation,  to  monopolize  the  fur  trade.  He  said  he 
was  not  afraid  of  rivals  if  the  traders  would  have  fair 
play.  He  thought  it  would  be  better  that  neither  party 
should  have  any  military  posts,  but  only  trading  houses. 
I  told  him  that  the  idea  of  having  no  military  posts  on 
either  side  was  new  to  me :  that  it  had  never  been  men 
tioned  among  the  members  of  the  Executive :  that  there 
fore  I  could  only  speak  for  myself  and  say  that,  prima 
facie,  it  accorded  well  with  two  favorite  ideas  of  mine, 
of  leaving  commerce  free,  and  never  keeping  an  un 
necessary  soldier;  but  when  he  spoke  of  having  no  mili 
tary  posts  on  either  side,  there  might  be  difficulty  in 
fixing  the  distance  of  the  nearest  posts.  He  said  that 
though  his  opinion  on  this  subject  was  only  a  private  one, 
and  he  understood  mine  to  be  so  also,  yet  he  was  much 
pleased  that  we  two  seemed  to  think  nearly  alike,  as  it 
might  lead  to  something.  He  said  that  their  principal 
object  in  the  fur  trade  was  the  consumption  of  the  goods 
they  gave  in  exchange  for  the  furs.  I  answered  that 
whether  the  trade  was  carried  on  by  English  or  Ameri 
cans,  it  would  be  with  English  goods,  and  the  route 


1792  ANAS  of  THOMAS  JEFFERSON  .  83 

would  be,  not  through  Canada,  but  by  the  shorter 
channels  of  the  Hudson  or  Potomac. 

It  is  not  pretended  that  the  above  is  in  the  exact  order, 
or  the  exact  words  of  the  conversation.  This  was  often 
desultory,  and  I  can  only  answer  for  having  given 
generally  the  expression,  and  always  the  substance  of 
what  passed. 

June  4,   1792. 


July  Wth,  1792.     My  letter  of to  the  President, 

directed  to  him  at  Mount  Vernon,  had  not  found  him 
there,  but  came  to  him  here.  He  told  me  of  this,  and 
that  he  would  take  an  occasion  of  speaking  with  me  on 
the  subject.  He  did  so  this  day.  He  began  by  ob 
serving  that  he  had  put  it  off  from  day  to  day,  because 
the  subject  was  painful,  to  wit,  his  remaining  in  office, 
which  that  letter  solicited.  He  said  that  the  declaration 
he  had  made  when  he  quitted  his  military  life,  was  sin 
cere.  That,  however,  when  he  was  called  on  to  come 
forward  to  set  the  present  government  in  motion,  it  ap 
peared  to  him  that  circumstances  were  so  changed  as  to 
justify  a  change  in  his  resolution:  he  was  made  to  be 
lieve  that  in  two  years  all  would  be  well  in  motion,  and 
he  might  retire.  At  the  end  of  two  years  he  found  some 
things  still  to  be  done.  At  the  end  of  the  third  year, 
he  thought  it  was  not  worth  while  to  disturb  the  course 
of  things,  as  in  one  year  more  his  office  would  expire, 
and  he  was  decided  then  to  retire.  Now  he  was  told  there 
would  still  be  danger  in  it.  Certainly,  if  he  thought 
so,  he  would  conquer  his  longing  for  retirement.  But 
he  feared  it  would  be  said  his  former  professions  of  re- 


84  ANAS  of  THOMAS  JEFFERSON.  1792 

tirement  had  been  mere  affectation,  and  that  he  was 
like  other  men,  when  once  in  office  he  could  not  quit  it 
He  was  sensible,  too,  of  a  decay  of  his  hearing,  perhaps 
his  other  faculties  might  fall  off  and  he  not  be  sensible 
of  it.  That  with  respect  to  the  existing  causes  of  un 
easiness,  he  thought  there  were  suspicions  against  a  par 
ticular  party,  which  had  been  carried  a  great  deal  too 
far;  there  might  be  desires,  but  he  did  not  believe  there 
were  designs  to  change  the  form  of  government  into  a 
monarchy;  that  there  might  be  a  few  who  wished  it  in  the 
higher  walks  of  life,  particularly  in  the  great  cities,  but 
that  the  main  body  of  the  people  in  the  eastern  States 
were  as  steadily  for  republicanism  as  in  the  southern. 
That  the  pieces  lately  published,  and  particularly  in 
Freneau's  paper,  seemed  to  have  in  view  the  exciting 
opposition  to  the  government.  That  this  had  taken 
place  in  Pennsylvania  as  to  the  excise  law,  according  to 
information  he  had  received  from  General  Hand.  That 
they  tended  to  produce  a  separation  of  the  Union,  the 
most  dreadful  of  all  calamities,  and  that  whatever  tended 
to  produce  anarchy,  tended,  of  course,  to  produce  a 
resort  to  monarchical  government.  He  considered  those 
papers  as  attacking  him  directly,  for  he  must  be  a  fool 
indeed  to  swallow  the  little  sugar  plurns  here  and  there 
thrown  out  to  him.  That  in  condemning  the  adminis 
tration  of  the.  government,  they  condemned  him,  for  if 
there  were  measures  pursued  contrary  to  his  sentiments, 
they  must  conceive  him  too  careless  to  attend  to  them, 
or  too  stupid  to  understand  them.  That  though,  in 
deed,  he  had  signed  many  acts  which  he  did  not  approve 
in  all  their  parts,  yet  he  had  never  put  his  name  to  one 
which  he  did  not  think,  on  the  whole,  was  eligible.  That 
as  to  the  bank,  which  had  been  an  act  of  so  much  com 
plaint,  until  there  was  some  infallible  criterion  of  reason, 


1792  ANAS  of  THOMAS  JEFFERSON.  85 

a  difference  of  opinion  must  be  tolerated.  He  did  not 
believe  the  discontents  extended  far  from  the  seat  of 
government.  He  had  seen  and  spoken  with  many 
people  in  Maryland  and  Virginia  in  his  late  journey. 
He  found  the  people  contented  and  happy.  He  wished, 
however,  to  be  better  informed  on  this  head.  If  the 
discontents  were  more  extensive  than  he  supposed,  it 
might  be  that  the  desire  that  he  should  remain  in  the 
government  was  not  general. 

My  observations  to  him  tended  principally  to  enforce 
the  topics  of  my  letter.  I  will  not,  therefore,  repeat 
them,  except  where  they  produced  observations  from 
him.  I  said  that  the  two  great  complaints  were,  that 
the  national  debt  was  unnecessarily  increased,  and  that 
it  had  furnished  the  means  of  corrupting  both  branches 
of  the  legislature;  that  he  must  know,  and  everybody 
knew,  there  was  considerable  squadron  in  both,  whose 
votes  were  devoted  to  the  paper  and  stock- jobbing 
interest,  that  the  names  of  a  weighty  number  were 
known,  and  several  others  suspected  on  good  grounds. 
That  on  examining  the  votes  of  these  men,  they  would 
be  found  uniformly  for  every  Treasury  measure,  and 
that  as  most  of  these  measures  had  been  carried  by  small 
majorities,  they  were  carried  by  these  very  votes.  That, 
therefore,  it  was  a  cause  of  just  uneasiness,  when  we  saw 
a  legislature  legislating  for  their  own  interests,  in  op 
position  to  those  of  the  people.  He  said  not  a  word  on 
the  corruption  of  the  legislature,  but  took  up  the  other 
point,  defended  the  Assumption,  and  argued  that  it  had 
not  increased  the  debt,  for  that  all  of  it  was  honest  debt . 
He  justified  the  excise  law,  as  one  of  the  best  laws  which 
could  be  passed,  as  nobody  would  pay  the  tax  who  did 
not  choose  to  do  it.  With  respect  to  the  increase  of  the 
debt  by  the  Assumption,  I  observed  to  him  that  what 


86         ANAS  of  THOMAS  JEFFERSON.  1792 

was  meant  and  objected  to  was,  that  it  increased  the 
debt  of  the  General  Government,  and  carried  it  be 
yond  the  possibility  of  payment.  That  if  the  bal 
ances  had  been  settled,  and  the  debtor  States  di 
rected  to  pay  their  deficiencies  to  the  creditor  States, 
they  would  have  done  it  easily,  and  by  resources  of  taxa 
tion  in  their  power,  and  acceptable  to  the  people;  by  a 
direct  tax  in  the  south,  and  an  excise  in  the  north.  Still, 
he  said,  it  would  be  paid  by  the  people.  Finding  him 
really  approving  the  treasury  system,  I  avoided  en 
tering  into  argument  with  him  on  those  points. 


Gunston  Hall.     Ex-rtlatione  G.  Mason. 

Sept.  SQth,  1792.  The  constitution  as  agreed  to  till 
a  fortnight  before  the  Convention  rose,  was  such  a  one 
as  he  would  have  set  his  hand  and  heart  to.  1st.  The 
President  was  to  be  elected  for  seven  years.  Then  in 
eligible  for  seven  years  more,  2d.  Rotation  in  the 
Senate.  3d.  A  vote  of  two-thirds  in  the  legislature  on 
particular  subjects,  and  expressly  on  that  of  navigation. 
The  three  New  England  States  were  constantly  with  us 
in  all  questions  (Rhode  Island  not  there,  and  New  York 
seldom),  so  that  it  was  these  three  States  with  the  five 
southern  ones  against  Pennsylvania,  New  Jersey,  and 
Delaware. 

With  respect  to  the  importation  of  slaves  it  was  left 
to  Congress.  This  disturbed  the  two  southernmost 
States,  who  knew  that  Congress  would  immediately 
suppress  the  importation  of  slaves.  Those  two  States, 
therefore,  struck  up  a  bargain  with  the  three  New  Eng 
land  States.  If  they  would  join  to  admit  slaves  for  some 
years,  the  southernmost  States  would  join  in  changing 


1792  ANAS  of  THOMAS  JEFFERSON.  87 

the  clause  which  required  two-thirds  of  the  legislature 
in  any  vote.  It  was  done.  These  articles  were  changed 
accordingly,  and  from  that  moment  the  two  southern 
most  States,  and  the  three  northern  ones,  joined  Penn 
sylvania,  New  Jersey  and  Delaware,  and  made  the  ma 
jority  eight  to  three  against  us,  instead  of  eight  to  three 
for  us,  as  it  had  been  through  the  whole  Convention. 
Under  this  coalition,  the  great  principles  of  the  consti.- 
tution  were  changed  in  the  last  days  of  the  Convention. 

Anecdote.  Yates,  Lansing  and  Hamilton  represented 
New  York.  Yales  and  Lansing  never  voted  in  one 
single  instance  with  Hamilton,  who  was  so  much  morti 
fied  at  it  that  he  went  home.  When  the  season  for 
courts  came  on,  Yates,  a  judg  >,  and  Lansing,  a  lawyer, 
went  to  attend  their  courts.  Then  Hamilton  returned. 

Anecdote.  The  constitution  as  agreed  at  first  was, 
that  amendments  might  be  proposed  either  by  Congress 
or  the  legislatures.  A  committee  was  appointed  to 
digest  and  redraw.  Gouverneur  Morris  and  King  were  of 
the  committee.  One  morning  Gouverneur  Morris  moved 
an  instrument  for  certain  alterations  (not  one-half  the 
members  yet  come  in).  In  a  hurry  and  without  under 
standing,  it  was  agreed  to.  The  committee  reported 
so  that  Congress  should  have  the  exclusive  power  of  pro 
posing  amendments.  George  Mason  observed  it  on  the 
report,  and  opposed  it.  King  denied  the  construction. 
Mason  demonstrated  it,  and  asked  the  committee  by 
what  authority  they  had  varied  what  had  been  agreed. 
Gouverneur  Morris  then  imprudently  got  up,  and  said, 
by  authority  of  the  Convention,  and  produced  the  blind 
instruction  before  mentioned,  which  was  unknown  by 
one-half  of  the  House,  and  not  till  then  understood  by 


88  ANAS  of  THOMAS  JEFFERSON.  1792 

the  other.  They  then  restored  it,  as  it  originally  stood. 
He  said  he  considered  Hamilton  as  having  done  us  more 
injury  than  Great  Britain  and  all  her  fleets  and  armies. 
That  his  (Mason's)  plan  of  settling  our  debts  would  have 
been  something  in  this  way.  He  would  have  laid  as 
much  tax  as  could  be  paid  without  oppressing  the  peo 
ple; — particularly  he  would  have  laid  an  impost  of  about 
the  amount  of  the  first,  laid  by  Congress,  but  somewhat 
different  in  several  of  its  articles.  He  woiild  have  sus 
pended  all  application  of  it  one  year,  during  which  an 
office  should  have  been  open  to  register  unalienated 
certificates.  At  the  end  of  the  year  he  would  have  ap 
propriated  his  revenue.  1st.  To  pay  the  civil  list. 
2d.  The  interest  of  these  certificates.  3d.  Installments 
of  the  principal.  4th.  A  surplus  to  buy  up  the  alien 
ated  certificates,  still  avoiding  to  make  any  other  pro 
vision  for  these  last.  By  the  time  the  unalienated  cer 
tificates  should  have  been  all  paid,  he  supposed  half  the 
alienated  ones  would  have  been  bought  up  at  market. 
He  would  then  have  proceeded  to  redeem  the  residue  of 
them. 

Bladensburg,  October  1st,  1792.  This  morning,  at 
Mount  Vernon,  I  had  the  following  conversation  with 
the  President.  He  opened  it  by  expressing  his  regret 
at  the  resolution  in  which  I  appeared  so  fixed,  in  the 
letter  I  had  written  him,  of  retiring  from  public  affairs. 
He  said,  that  he  should  be  extremely  sorry  that  I  should 
do  it,  as  long  as  he  was  in  office,  and  that  he  could  not 
see  where  he  should  find  another  character  to  fill  my 
office.  That,  as  yet,  he  was  quite  undecided  whether 
to  retire  in  March  or  not.  His  inclinations  led  him 
strongly  to  do  it.  Nobody  disliked  more  the  ceremonies 
of  his  office,  and  he  had  not  the  least  taste  or  gratifica- 


1792  ANAS  of  THOMAS  JEFFERSON.  89 

tion  in  the  execution  of  it's  functions.  That  he  was 
happy  at  home  alone,  arid  that  his  presence  there  was 
now  peculiarly  called  for  by  the  situation  of  Major 
Washington,  whom  he  thought  irrecoverable,  and 
should  he  get  well,  he  would  remove  into  another 
part  of  the  country,  which  might  better  agree  with 
him.  That  he  did  not  believe  his  presence  necessary  ; 
that  there  were  other  characters  who  would  do  the 
business  as  well  or  better.  Still,  however,  if  his  aid  was 
thought  necessary  to  save  the  cause  to  which  he  had 
devoted  his  life  principally,  he  would  make  the  sacrifice 
of  a  longer  continuance.  That  he  therefore  reserved 
himself  for  future  decision,  as  his  declaration  would  be 
in  time  if  made  a  month  before  the  day  of  election.  He 
had  desired  Mr.  Lear  to  find  out  from  conversation,  with 
out  appearing  to  make  the  inquiry,  whether  any  other 
person  would  be  desired  by  any  body.  He  had  informed 
him,  he  judged  from  conversations  that  it  was  the  uni 
versal  desire  he  should  continue,  and  he  believed  that 
those  who  expressed  a  doubt  of  his  continuance,  did  it  in 
the  language  of  apprehension,  and  not  of  desire.  But 
this,  says  he,  is  only  from  the  north;  it  may  be  very 
different  in  the  south.  I  thought  this  meant  as  an  open 
ing  to  me  to  say  what  was  the  sentiment  in  the  south, 
from  which  quarter  I  came.  I  told  him  that  as  far  as 
I  knew,  there  was  but  one  voice  there,  which  was  for  his 
continuance.  That  as  to  myself,  I  had  ever  preferred 
the  pursuits  of  private  life  to  those  of  public,  which  had 
nothing  in  them  agreeable  to  me.  I  explained  to  him 
the  circumstances  of  the  war  which  had  first  called  me 
into  public  life,  and  those  following  the  war,  which  had 
called  me  from  a  retirement  on  which  I  had  determined. 
That  I  had  constantly  kept  my  eye  on  my  own  home, 
and  could  no  longer  refrain  from  returning  to  it.  As  to 


90  ANAS  of  THOMAS  JEFFERSON.  1792 

himself,  his  presence  was  important;  that  he  was  the 
only  man  in  the  United  States  who  possessed  the  con 
fidence  of  the  whole;  that  government  was  founded  in 
opinion  and  confidence,  and  that  the  longer  he  remained 
the  stronger  would  become  the  habits  of  the  people  in 
submitting  to  the  government,  and  in  thinking  it  a  thing 
to  be  maintained;  that  there  was  no  other  person  who 
would  be  thought  anything  more  than  the  head  of  a 
party. 

He  then  expressed  his  concern  at  the  difference 
which  he  found  to  subsist  between  the  Secretary  of  the 
Treasury  and  myself,  of  which  he  said  he  had  not  been 
aware.  He  knew,  indeed,  that  there  was  a  marked 
difference  in  our  political  sentiments,  but  he  had  never 
suspected  it  had  gone  so  far  in  producing  a  personal 
difference,  and  he  wished  he  could  be  the  mediator  to  put 
an  end  to  it.  That  he  thought  it  important  to  preserve 
the  check  of  my  opinions  in  the  administration,  in  order 
to  keep  things  in  their  proper  channel,  and  prevent  them 
from  going  too  far.  That  as  to  the  idea  of  transforming 
this  government  into  a  monarchy,  he  did  not  believe 
there  were  ten  men  in  the  United  States  whose  opinions 
were  worth  attention,  who  entertained  such  a  thought. 
I  told  him  there  were  many  more  than  he  imagined. 
I  recalled  to  his  memory  a  dispute  at  his  own  table,  a  lit 
tle  before  we  left  Philadelphia,  between  General  Schuy- 
ler  on  one  side  and  Pinckney  and  myself  on  the  other 
wherein  the  former  maintained  the  position,  that  here 
ditary  descent  was  as  likely  to  produce  good  magistrates 
as  election.  I  told  him,  that  though  the  people  were 
sound,  there  were  a  numerous  sect  who  had  monarchy 
in  contemplation ;  that  the  Secretary  of  the  Treasury  was 
one  of  these.  That  I  had  heard  him  say  that  this  con 
stitution  was  a  shilly  shally  thing,  of  mere  milk  and 


1792  ANAS  of  THOMAS  JEFFERSON.  91 

water,  which  could  not  last,  and  was  only  good  as  a  step 
to  something  better.     That  when  we  reflected,  that  he 
had  endeavored  in  the  convention,  to  make  an  English 
constitution  of  it,  and  when  failing  in  that,  we  saw  all 
his  measures  tending  to  bring  it  to  the  same  thing,  it 
was  natural  for  us  to  be  jealous ;  and  particularly,  when 
we  saw  that  these  measures  had  established  corruption 
in  the  legislature,  where  there  was  a  squadron  devoted 
to  the  nod  of  the  Treasury,  doing  whatever  he  had  di 
rected,  and  ready  to  do  what  he  should  direct.     That  if 
the  equilibrium  of  the  three  great  bodies,  legislative, 
executive  and  judiciary,  could  be  preserved,  if  the  legis 
lature  could  be  kept  independent,  I  should  never  fear 
the  result  of  such  a  government;  but  that  I  could  not 
but  be  uneasy,   when  I   saw  that  the  executive  had 
swallowed  up  the  legislative  branch.     He  said,  that  as 
to  that  interested  spirit  in  the  legislature,  it  was  what 
could  not  be  avoided  in  any  government,  unless  we  were 
to  exclude  particular  descriptions  of  men,  such  as  the 
holders  of  the  funds,  from  all  office.     I  told  him  there 
was  great  difference  between  the  little  accidental  scheme 
of  self-interest,  which  would  take  place  in  every  body  of 
men,  and  influence  their  votes,  and  a  regular  system  for 
forming  a  corps  of  interested  persons,  who  should  be 
steadily  at  the  orders  of  the  Treasury.     He  touched  on 
the  merits  of  the  funding  system,  observed  there  was  a 
difference  of  opinion  about  it,   some  thinking  it  very 
bad,  others  very  good;    that  experience  was   the  only 
criterion  of  right  which  he  knew,  and  this  alone  would 
decide  which  opinion  was  right.    That  for  himself,  he 
had  seen  our  affairs  desperate  and  our  credit  lost,  and 
that  this  was  in  a  sudden  and  extraordinary  degree 
raised  to  the  highest  pitch.     I  told  him,  all  that  was 
ever  necessary  to  establish  our  credit,  was  an  efficient 


92  ANAS  of  THOMAS  JEFFERSON.  1792 

government  and  an  honest  one,  declaring  it  would 
sacredly  pay  our  debts,  laying  taxes  for  this  purpose, 
and  applying  them  to  it.  I  avoided  going  further  into 
the  subject.  He  finished  by  another  exhortation  to  me 
not  to  decide  too  positively  on  retirement,  and  here  we 
were  called  to  breakfast. 

October  31st,  1792.  I  had  sent  to  the  President,  Viar 
and  Jaudenes's  letter  of  the  29th  instant,  whereupon 
he  desired  a  consultation  of  Hamilton,  Knox,  E.  Ran 
dolph,  and  myself,  on  these  points:  1.  What  notice 
was  to  be  taken  hereof  to  Spain?  2.  Whether  it  should 
make  part  of  the  communication  to  the  legislature?  I 
delivered  my  opinion,  that  it  ought  to  be  communicated 
to  both  Houses,  because  the  communications  intended 
to  be  made,  being  to  bring  on  the  question,  whether 
they  would  declare  war  against  any,  and  which  of  the 
nations  or  parts  of  the  nations  of  Indians  to  the  south, 
it  would  be  proper  this  information  should  be  before 
them,  that  they  might  know  how  far  such  a  declaration 
would  lead  them.  There  might  be  some  who  would 
be  for  war  against  the  Indians,  if  it  were  to  stop  there, 
but  who  would  not  be  for  it,  if  it  were  to  lead  to  a  war 
against  Spain.  I  thought  it  should  be  laid  before  both 
Houses,  because  it  concerned  the  question  of  declaring 
war,  which  was  the  function  equally  of  both  Houses.  I 
thought  a  simple  acknowledgement  of  the  receipt  of  the 
letter  should  be  made  by  me  to  the  Spanish  Charges,  ex 
pressing  that  it  contained  some  things  very  unexpected 
to  us,  but  that  we  should  refer  the  whole,  as  they  had 
proposed,  to  the  negotiators  at  Madrid.  This  would 
secure  to  us  a  continuation  of  the  suspension  of^Indian 
hostilities,  which  the  Governor  of  New  Orleans  saidjie 
had  brought  about  till  the  result  of  the  negotiation  at 


1792  ANAS  of  THOMAS  JEFFERSON  93 

Madrid  should  be  known;  would  not  commit  us  as  to 
running  or  not  running  the  line,  or  imply  any  admission 
of  doubt  about  our  territorial  right;  and  would  avoid 
a  rupture  with  Spain,  which  was  much  to  be  desired, 
while  we  had  similar  points  to  discuss  with  Great  Britain. 
Hamilton  declared  himself  the  advocate  for  peace. 
War  would  derange  our  affairs  greatly;  throw  us  back 
many  years  in  the  march  towards  prosperity ;  be  difficult 
for  us  to  pursue,  our  countrymen  not  being  disposed 
to  become  soldiers ;  a  part  of  the  Union  feeling  no  inter 
est  in  the  war,  would  with  difficulty  be  brought  to  exert 
itself;  and  we  had  no  navy.  He  was  for  everything 
which  would  procrastinate  the  event.  A  year,  even,  was 
a  great  gain  to  a  nation  strengthening  as  we  were.  It 
laid  open  to  us,  too,  the  chapter  of  accidents,  which,  in 
the  present  state  of  Europe,  was  a  pretty  pregnant  one. 
That  while,  however,  he  was  for  delaying  the  event  of 
war,  he  had  no  doubt  it  was  to  take  place  between 
us  for  the  object  in  question;  that  jealousy  and 
perseverance  were  remarkable  features  in  the  char 
acter  of  the  Spanish  government,  with  respect  to 
their  American  possessions ;  that  so  far  from  receding 
as  to  their  claims  against  us,  they  had  been  strength 
ening  themselves  in  them.  He  had  no  doubt  the 
present  communication  was  by  authority  from  the 
court.  Under  this  impression,  he  thought  we  should 
be  looking  forward  to  the  day  of  rupture,  and  preparing 
for  it.  That  if  we  were  unequal  to  the  contest  our 
selves,  it  behoved  us  to  provide  allies  for  our  aid.  That 
in  this  view,  but  two  nations  could  be  named,  France 
and  England.  France  was  too  intimately  connected 
with  Spain  in  other  points,  and  of  too  great  mutual 
value,  ever  to  separate  for  us.  Her  affairs,  too,  were 
such,  that  whatever  issue  they  had,  she  could  not  be  in 


94  ANAS  of  THOMAS  JEFFERSON.  1792 

a  situation  to  make  a  respectable  mediation  for  us' 
England  alone,  then,  remained.  It  would  not  be  easy 
to  effect  it  with  her;  however,  he  was  for  trying  it,  and 
for  sounding  them  on  the  proposition  of  a  defensive 
treaty  of  alliance.  The  inducements  to  such  a  treaty 
on  their  part,  might  be,  1.  The  desire  of  breaking  up 
our  former  connections,  which  we  knew  they  had  long 
wished.  2.  A  continuance  of  the  statu  quo  in  com 
merce  for  ten  years,  which  lie  believed  would  be  de 
sirable  to  them.  3.  An  admission  to  some  navigable 
part  of  the  Mississippi,  by  some  line  drawn  from  the  Lake 
of  the  Woods  to  such  navigable  part.  He  had  not,  he 
said,  examined  the  map  to  see  how  such  a  line  might  be 
run,  so  as  not  to  make  too  great  a  sacrifice.  The  naviga 
tion  of  the  Mississippi  being  a  joint  possession,  we  might 
then  take  measures  in  concert  for  the  joint  security  of 
it.  He  was,  therefore,  for  immediately  sounding  them 
on  this  subject  through  our  minister  at  London;  yet 
so  as  to  keep  ourselves  unengaged  as  long  as  possible, 
in  hopes  a  favorable  issue  with  Spain  might  be  other 
wise  effected.  But  he  was  for  sounding  immediately, 
and  for  not  slipping  an  opportunity  of  securing  our 
object.  &$ 

*  E.  Randolph  concurred,  in  general,  with  me.  He 
objected  that  such  an  alliance  could  not  be  effected 
without  pecuniary  consideration  probably,  which  we 
could  not  give.  And  what  was  to  be  their  aid  ?  If  men, 
our  citizens  would  see  their  armies  get  foothold  in  the 
United  States  with  great  jealousy;  it  would  be  difficult 
to  protect  them.  Even  the  French,  during  the  distress 
of  the  late  war,  excited  some  jealous  sentiments. 

Hamilton  said,  money  was  often,  but  not  always 
demanded,  and  the  aid  he  should  propose  to  stipulate 
would  be  in  ships.  Knox  non  dissentiente. 


1792  ANAS  of  THOMAS  JEFFERSON.  95 

The  President  said  the  remedy  would  be  worse  than 
the  disease,  and  stated  some  of  the  disagreeable  circum 
stances  which  would  attend  our  making  such  overtures. 

Knox's  indirect  hints  in  favor  of  this  alliance  brought 
to  my  recollection  his  conversation  of  yesterday,  and 
that  he  wished  it. 

November,  1792.  Hamilton  called  on  me  to  speak 
about  our  furnishing  supplies  to  the  French  colony  of 
St.  Domingo.  He  expressed  his  opinion,  that  we  ought 
to  be  cautious,  and  not  go  too  far  in  our  application  of 
money  to  their  use,  lest  it  should  not  be  recognized  by 
the  mother  country.  He  did  not  even  think  that  some 
kinds  of  government  they  might  establish  could  give  a 
sufficient  sanction.*  I  observed  that  the  National  Con 
vention  was  now  met,  and  would  certainly  establish  a 
form  of  government ;  that  as  we  had  recognized  the  form 
er  government  because  established  by  authority  of  the 
nation,  so  we  must  recognize  any  other  which  should  be 
established  by  the  authority  of  the  nation.  He  said  we  had 
recognized  the  former,  because  it  contained  an  import 
ant  member  of  the  ancient,  to  wit,  the  King,  and  wore 
the  appearance  of  his  consent ;  but  if,  in  any  future  form, 
they  should  omit  the  King,  he  did  not  know  that  we 
could  with  safety  recognize  it,  or  pay  money  to  it's  order. 

*  There  had  been  a  previous  consultation  at  the  President's  [about  the  first 
week  in  November]  on  the  expediency  of  suspending  payments  to  France, 
tinder  her  present  situation.  I  had  admitted  that  the  late  constitution  was 
dissolved  by  the  dethronement  of  the  King,  and  the  management  of  affairs 
surviving  to  the  National  Assembly  only,  this  was  not  an  integral  Legisla 
ture,  and  therefore  not  competent  to  give  a  legitimate  discharge  for  our  pay 
ments  :  that  I  thought,  consequently,  that  none  should  be  made  till  some 
legitimate  body  came  into  place,  an!  that  I  should  consider  the  National 
Convention  called,  but  not  met  as  we  had  yet  heard,  to  be  a  legitimate  body. 
Hamilton  doubted  whether  it  would  be  a  legitimate  body,  and  whether,  if  the 
King  should  be  re-established,  he  might  not  disallow  sm  h  payments  on  good 
grounds.  Knox,  for  once  dared  to  differ  from  Hamilton,  and  to  express, 
very  submissively,  an  opinion,  that  a  convention  named  by  the  whole  body 
of  the  nation,  would  be  competent  to  do  anything.  It  ended  by  agreeing, 
that  I  should  write  to  Gouverneur  Morris  to  suspend  payment  generally,  till 
further  orders.  X.  J. 


6  ANAS  of  THOMAS  JEFFERSON.  1792 

Nov.  11,  1792.  Blodget's  Calculation  of 
the  circulating  medium  of  Philadelphia 
the  Bank  of  U.  S.  their  whole  stock  ,  .  10  millions. 

y<i  of  this  payable  in  gold  and. silver 2J/£m. 

of  which  %  °nly  are  paid Say  1^, 

double  this  amount  issued  in  paper 3. 

only  one-third  of  it  here 1 . 

the  Bank  of  N.  A.  has  issued .  .  .  .  2. 


Amount  of  circulating  paper  of  both  banks .  .  3  millions. 
Add  the  specie  in  circulation. 

This  amounts  to  60  dollars  each  (of  paper) 
for  every  inhabitant. 

And  the  Bank  of  the  U.  S.  draws  10  per 
cent  per  annum  profit  from  that. 

The  circulating  cash  of  Great  Britain 
is  about  20  million  pounds  Sterling. 
The  circulating  paper  (about)  30 


50—1225,000,000. 

which  is  about  28  dollars  a  head  on  the    population    of 
Great  Britain. 

November  19//&.  1792.  Beckley  brings  me  the  pamph 
let  written  by  Hamilton,  before  the  war,  in  answer  to 
Common  Sense.  It  is  entitled  "Plain  Truth."  Mel- 
ancthon  Smith  sends  it  to  Beckley,  and  in  his  letter  says, 
it  was  not  printed  in  New  York  by  Loudon,  because 
prevented  by  a  mob,  and  was  printed  in  Philadelphia, 
and  that  he  has  these  facts  from  Loudon. 

November  list,  1792.  Mr.  Butler  tells  me  that  he 
dined  last  winter  with  Mr.  Campbell  from  Denmark,  in 
company  with  Hamilton,  Lawrence,  Dr.  Shippen,  T. 


1793  ANAS  of  THOMAS  JEFFERSON.  97 

Shippen,  and  one  other  person  whom  he  cannot  recollect. 
That  after  dinner  political  principles  became  the  sub 
ject  of  conversation;  that  Hamilton  declared  openly, 
that  " there  was  no  stability,  no  security  in  any  kind  of 
government  but  a  monarchy."  That  Lawrence  took 
him  up,  and  entered  the  lists  of  argument  against  him; 
that  the  dispute  continued  long,  and  grew  warm,  re 
markably  so  as  between  them;  that  T.  Shippen,  at 
length,  joined  Lawrence  in  it;  and  in  fine,  that  it  broke 
up  the  company.  Butler  recommended  to  the  company 
that  the  dispute  having  probably  gone  farther  than 
was  intended,  it  ought  to  be  considered  as  confined  to 
the  company. 

December  Wth,  1792.  Present:  Alexander  Hamilton, 
General  Knox,  Edmund  Randolph,  and  Th.  Jefferson, 
at  the  President's. 

It  was  agreed  to  reject  meeting  the  Indians  at  the 
proposed  treaty,  rather  than  to  admit  a  mediation  by 
Great  Britain;  but  to  admit  the  presence  of  Governor 
Simcoe,  not  as  a  party  (if  that  was  insisted  on) ;  and 
that  I  should  make  a  verbal  communication  to  Mr. 
Hammond,  in  substance,  as  on  the  back  hereof,  which 
I  previously  read  to  the  President. 

December  12th.  I  made  the  communication  to  Mr. 
Hammond.  He  said  the  attendance  of  Governor  Sim 
coe  was  a  circumstance  only  mentioned  by  him,  but 
not  desired ;  that  he  would  decline  it  without  difficulty ; 
declared  it  to  be  their  most  ardent  wish  that  peace 
should  take  place,  for  their  fur-trade  was  entirely  inter 
rupted;  and  he  urged  as  decisive  proof  of  the  sincerity 
of  their  wish, — 1st.  That  they  had  kept  the  latejlndian 
council  together  six  weeks  at  a  very  great  expense, 


98  ANAS  of  THOMAS  JEFFERSON.  1792 

waiting  for  the  Six  Nations.  2d.  That  the  Indians  at 
that  council  were  so  perfectly  satisfied  of  their  desire 
that  they  should  make  peace,  that  they  had  not  so  much 
as  mentioned  in  council  the  applying  to  the  British  for 
any  supplies.  I  immediately  communicated  this  to  the 
President. 

Heads  of  conversation  with  Mr.  Hammond,  Dec.  12. 

That  I  communicated  to  the  President  his  informa 
tion  of  the  consent  of  the  Western  Indians  to  hold  con 
ferences  of  peace  with  us,  in  the  presence  of  Governor 
Simcoe: — took  care  to  apprize  him  of  the  informality 
of  the  conversation; — that  it  was  accidental; — private; 
— the  present  to  be  considered  equally  so : — unnecessary 
to  note  to  him  that  nothing  like  a  mediation  was  sug 
gested. 

1st.  Because  so  informal  a  conversation  could 
not  include  so  formal  a  thing  as  a  mediation. 

2d.  Because,  an  established  principle  of  public  law 
among  the  white  nations  of  America,  that  while  the 
Indians  included  within  their  limits  retain  all  other 
national  rights,  no  other  white  nations  can  become  their 
patrons,  protectors,  or  mediators,  nor  in  any  shape  inter 
meddle  between  them  and  those  within  whose  limits  they 
are.  That  Great  Britain  would  not  propose  an  example 
which  would  authorize  us  to  cross  our  boundary,  and 
take  under  our  protection  the  Indians  within  her  limits. 

3d.  Because,  should  the  treaty  prove  ineffectual,  it 
would  singularly  commit  the  friendship  of  the  two  na 
tions.  That  the  idea  of  Governor  Simcoe's  attendance 
was  presented  only  as  a  thing  desired  by  the  Indians  : 
that  the  consequences  of  this  had  been  considered.  It 
is  not  necessary  in  order  to  effect  a  peace.  Our  views 
so  just,  so  moderate,  that  we  have  no  fear  of  effecting 


1792  ANAS  of  THOMAS  JEFFERSON.  99 

peace  if  left  to  ourselves.  If  it  cannot  be  effected,  it  is 
much  better  that  nobody  on  the  part  of  England  should 
have  been  present ; — for  however  our  government  is  per 
suaded  of  the  sincerity  of  your  assurances  that  you  have 
not  excited  the  Indians,  yet  our  citizens  in  general  are 
not  so.  It  will  be  impossible  to  persuade  them  the 
negotiations  were  not  defeated  by  British  agents:  that, 
therefore,  we  do  not  pretend  to  make  the  exclusion  of 
Governor  Simcoe  a  sine  qua  non,  provided  he  be  there  as 
a  spectator,  not  as  a  party,  yet  we  should  consider  his 
declining  to  attend,  either  by  himself  or  any  other  per 
son,  as  an  instance  of  their  friendship,  and  as  an  evidence 
of  it  particularly  calculated  to  make  due  impression  on 
the  minds  of  our  citizens.  That  the  place  fixed  on  by 
the  Indians  is  extremely  inconvenient  to  us,  because  of 
the  distance  and  difficulty  of  transporting  provisions 
there.  Three  hundred  thousand  rations  will  probably 
be  requisite,  if  three  thousand  Indians  attend.  That 
if  we  had  time  we  would  have  proposed  some  other 
place,  for  example,  the  Maumee  .towns ;  but  there  not 
being  time,  we  shall  do  our  best  to  make  provision.  1st. 
We  shall  collect  and  carry  as  much  as  possible  through 
the  Miami  channel.  2d.  We  shall  hope  for  their  per 
mission  to  have  purchases  made  in  Upper  Canada,  and 
brought  along  the  lake. 

December  \3th,  1792.  The  President  called  on  me  to 
see  the  model  and  drawings  of  some  mills  for  sawing 
stone.  After  showing  them,  he  in  course  of  a  subsequent 
conversation  asked  me  if  there  were  not  some  good 
manufactories  of  porcelain  in  Germany;  that  he  was  in 
want  of  table  china,  and  had  been  speaking  to  Mr.  Shaw, 
who  was  going  to  the  Bast  Indies  to  bring  him  a  set,  but 
he  found  that  it  would  not  come  till  he  should  no  longer 


100  ANAS  of  THOMAS  JEFFERSON.  1793 

be  in  a  situation  to  want  it.  He  took  occasion  a  second 
time  to  observe  that  Shaw  said  it  would  be  two  years  at 
least,  before  he  could  have  the  china  here,  before  which 
time  he  said  he  should  be  where  he  should  not  need  it. 
I  think  he  asked  the  question  about  the  manufactories 
in  Germany  merely  to  have  an  indirect  opportunity  of 
telling  me  he  meant  to  retire,  and  within  the  limits  of 
two  years. 

December  17th.  Hammond  says  the  person  is  here 
to  whom  the  Six  Nations  delivered  the  invitation  for 
Simcoe  to  attend,  who  says  they  insisted  on  it,  and 
would  consider  his  non-attendance  as  an  evidence  that 
he  does  not  wish  for  peace ;  but  he  says  that  Simcoe  has 
not  the  least  idea  of  attending;  that  this  gentleman  says 
we  may  procure  in  Upper  Canada  any  quantity  of  pro 
visions,  which  the  people  will  salt  up  express  during 
winter;  and  that  he  will  return  and  carry  our  request 
whenever  we  are  ready. 

December  17 th.  The  affair  of  Reynolds  and  his  wife. 
— Clingham  Muhlenb's  clerk  testifies  F.  A.  Muhlenb, 
Monroe  Venable — also  Wolcott  at  Wadsworth — known 
to  James  Monroe,  B.  Randolph,  Beckley  and  We.br (?). 

Thursday,  December  27th,  1792.  I  waited  on  the 
President  on  some  current  business.  After  this  was 
over,  he  observed  to  me,  that  he  thought  it  was  time  to 
endeavor  to  effect  a  stricter  connection  with  France, 
and  that  Gouverneur  Morris  should  be  written  to  on  this 
subject.  He  went  into  the  circumstances  of  dissatis 
faction  between  Spain  and  Great  Britain,  and  us,  and 
observed,  there  was  no  nation  on  whom  we  could  rely, 


1793  ANAS  of  THOMAS  JEFFERSON.  101 

at  all  times,  but  France;  and  that,  if  we  did  not  prepare 
in  time  some  support,  in  the  event  of  rupture  with 
Spain  and  England,  we  might  be  charged  with  a  criminal 
negligence.  (I  was  much  pleased  with  the  tone  of  these 
observations.  It  was  the  very  doctrine  which  had  been 
my  polar  star,  and  I  did  not  need  the  successes  of  the 
republican  arms  in  France,  lately  announced  to  us,  to 
bring  me  to  these  sentiments.  For  it  is  to  be  noted,  that 
on  Saturday  last  (the  22d)  1  received  Mr.  Short's  letters 
of  October  the  9th  and  12th,  with  the  Leyden  gazettes 
to  October  the  13th,  giving  us  the  first  news  of  the  re 
treat  of  the  Duke  of  Brunswick,  and  the  capture  of 
vSpires  and  Worms  by  Custine,  and  that  of  Nice  by 
Anselme.)  I  therefore  expressed  to  the  President  my 
cordial  approbation  of  these  ideas;  told  him  I  had  meant 
on  that  day  (as  an  opportunity  of  writing  by  the  British 
packet  would  occur  immediately)  to  take  his  orders  for 
removing  the  suspension  of  payments  to  France,  which 
had  been  imposed  by  my  last  letter  to  Gouvemeur  Mor 
ris,  but  was  meant,  as  1  supposed,  only  for  the  interval 
between  the  abolition  of  the  late  constitution  by  the  de 
thronement  of  the  King,  and  the  meeting  of  some  other 
body,  invested  by  the  will  of  the  nation  with  powers  to 
transact  their  affairs;  that  I  considered  the  National 
Convention,  then  assembled,  as  such  a  body;  and  that, 
therefore,  we  ought  to  go  on  with  the  payments  to  them, 
or  to  any  government  they  should  establish;  that,  how 
ever,  I  had  learned  last  night,  that  some  clause  in  the 
bill  for  providing  reimbursement  of  the  loan  made  by 
the  bank  to  the  United  States,  had  given  rise  to  a  ques 
tion  before  the  House  of  Representatives  yesterday, 
which  might  affect  these  payments;  a  clause  in  that  bill 
proposing  that  the  money  formerly  borrowed  in  Am 
sterdam,  to  pay  the  French  debt,  and  appropriated  by 


102  ANAS  of  THOMAS  JEFFERSON.  1792 

law  (1790,  August  4th,  c.  34,  s.  2)  to  that  purpose,  lying 
dead  as  was  suggested,  should  be  taken  to  pay  the  bank, 
and  the  President  be  authorized  to  borrow  two  millions 
of  dollars  more,  out  of  which  it  should  be  replaced ;  and 
if  this  should  be  done,  the  removal  of  our  suspension  of 
payment,  as  I  had  been  about  to  propose,  would  be  pre 
mature.  He  expressed  his  disapprobation  of  the  clause 
above  mentioned;  thought  it  highly  improper  in  the 
Legislature  to  change  an  appropriation  once  made,  and 
added,  that  no  one  could  tell  in  what  that  would  end. 
I  concurred,  but  observed,  that  on  a  division  of  the 
House,  the  ayes  for  striking  out  the  clause  were  twenty- 
seven,  the  noes  twenty-six;  whereon  the  Speaker  gave 
his  vote  against  striking  out,  which  divides  the  House: 
the  clause  for  the  disappropriation  remained  of  course. 
I  mentioned  suspicions,  that  the  whole  of  this  was  a 
trick  to  serve  the  bank  under  a  great  existing  em 
barrassment  ;  that  the  debt  to  the  bank  was  to  be  repaid 
by  installments ;  that  the  first  installment  was  of  two 
hundred  thousand  dollars  only,  or  rather  one  hundred 
and  sixty  thousand  dollars,  (because  forty  thousand  of 
the  two  hundred  thousand  dollars  would  be  the  United 
States'  own  dividend  of  the  installment.)  Yet  here  were 
two  millions  to  be  paid  them  at  once,  and  to  be  taken 
from  a  purpose  of  gratitude  and  honor,  to  which  it  had 
been  appropriated. 

December  3()th,  1792.  I  took  the  occasion  furnished 
by  Pinckney's  letter  of  September  the  19th,  asking  in 
structions  how  to  conduct  himself  (as  to  the  French 
revolution,)  to  lay  down  the  catholic  principle  of  re 
publicanism,  to  wit,  that  every  people  may  establish 
what  form  of  government  they  please,  and  change  it  as 
they  please;  the  will  of  the  nation  being  the  only  thing 
essential.  I  was  induced  to  do  this,  in  order  to  extract 


1793  ANAS  of  THOMAS  JEFFERSON.  103 

the  President's  opinion  on  the  question  which  divided 
Hamilton  and  myself  in  the  conversation  of  November 
1792,  and  the  previous  one  of  the  first  week  of  Novem 
ber,  on  the  suspension  of  payments  to  France;  and  if 
favorable  to  mine,  to  place  the  principles  of  record  in  the 
letter  books  of  my  office.  I  therefore  wrote  the  letter  of 
December  the  30th,  to  Pinckney,  and  sent  it  to  the 
President,  and  he  returned  me  his  approbation  in  writing, 
in  his  note  of  the  same  date.  Which  see. 


February  7th,  1793.  I  waited  on  the  President  with 
letters  and  papers  from  Lisbon.  After  going  through 
these,  I  told  him  that  I  had  for  some  time  suspended 
speaking  with  him  on  the  subject  of  my  going  out  of 
office,  because  I  had  understood  that  the  bill  for  inter 
course  with  foreign  nations  was  likely  to  be  rejected  by 
the  vSenate,  in  which  case,  the  remaining  business  of 
the  department  would  be  too  inconsiderable  to  make  it 
worth  while  to  keep  it  up.  But  that  the  bill  being  now 
passed,  I  was  freed  from  the  considerations  of  pro 
priety  which  had  embarrassed  me.  That  &c,  (nearly 
in  the  words  of  a  letter  to  Mr.  T.  M.  Randolph,  of  a 
few  days  ago.)  and  that  I  should  be  willing,  if  he  had 
taken  no  arrangements  to  the  contrary,  to  continue 
somewhat  longer,  how  long  I  could  not  say,  perhaps  till 
summer,  perhaps  autumn.  He  said,  so  far  from  taking 
arrangements  on  the  subject,  he  had  never  mentioned 
to  any  mortal  the  design  of  retiring  which  I  had  ex 
pressed  to  him,  till  yesterday,  when  having  heard  that 
I  had  given  up  my  house,  and  that  it  was  rented  by 
another,  he  thereupon  mentioned  it  to  Mr.  E.  Randolph, 
and  asked  him,  as  he  knew  my  retirement  had  been 
talked  of,  whether  he  had  heard  any  persons  suggested 


104  ANAS  of  THOMAS  JEFFERSON.  1793 

in  conversation  to  succeed  me.  He  expressed  his  satis 
faction  at  my  change  of  purpose,  and  his  apprehensions 
that  my  retirement  would  be  a  new  source  of  uneasiness 
to  the  public.  He  said  Governor  Lee  had  that  day  in 
formed  him  of  the  general  discontent  prevailing  in  Vir 
ginia,  of  which  he  never  had  had  any  conception,  much 
less  sound  information.  That  it  appeared  to  him  very 
alarming.  He  proceeded  to  express  his  earnest  wish 
that  Hamilton  and  myself  could  coalesce  in  the  measures 
of  the  government,  and  urged  here  the  general  reasons 
for  it  which  he  had  done  to  me  in  two  former  conversa- 
v  f\  /tjons^He  said  he  had  proposed  the  same  thing  to 
Hamilton,  who  expressed  his  readiness,  and  he  thought 
our  coalition  would  secure  the  general  acquiescence  of 
the  public.  I  told  him  my  concurrence  was  of  much 
less  importance  than  he  seemed  to  imagine;  that  I  kept 
myself  aloof  from  all  cabal  and  correspondence  on  the 
subject  of  the  government,  and  saw  and  spoke  with  as 
few  as  I  could.  That  as  to  a  coalition  with  Mr.  Hamilton 
if  by  that  was  meant  that  either  was  to  sacrifice  his 
general  system  to  the  other,  it  was  impossible.  We 
had  both,  no  doubt,  formed  our  conclusions  after  the 
most  mature  consideration;  and  principles  conscient 
iously  adopted,  could  not  be  given  up  on  either  side. 
My  wish  was  to  see  both  Houses  of  Congress  cleansed 
of  all  persons  interested  in  the  bank  or  public  stocks; 
and  that  a  pure  legislature  being  given  us,  I  should  al 
ways  be  ready  to  acquiesce  under  their  determinations, 
even  if  contrary  to  my  own  opinions;  for  that  I  sub 
scribe  to  the  principle,  that  the  will  of  the  majority, 
honestly  expressed,  should  give  law.  I  confirmed  him 
in  the  fact  of  the  great  discontents  to  the  south;  that 
they  were  grounded  on  seeing  that  their  judgments  and 
interests  were  sacrificed  to  those  of  the  eastern  States 


1793  ANAS  of  THOMAS  JEFFERSON.  105 

on  every  occasion,  and  their  belief  that  it  was  the  effect 
of  a  corrupt  squadron  of  voters  in  Congress,  at  the  com 
mand  of  the  Treasury ;  and  they  see  that  if  the  votes  of 
those  members  who  had  any  interest  distinct  from,  and 
contrary  to  the  general  interest  of  their  constituents, 
had  been  withdrawn,  as  in  decency  and  honesty  they 
should  have  been,  the  laws  would  have  been  the  reverse 
of  what  they  are  on  all  the  great  questions.  I  instanced 
the  new  Assumption  carried  in  the  House  of  Representa 
tives  by  the  Speaker's  vote.  On  this  subject  he  made 
no  reply.  He  explained  his  remaining  in  office  to  have 
been  the  effect  of  strong  solicitations  after  he  returned 
here,  declaring  that  he  had  never  mentioned  his  purpose 
of  going  out  but  to  the  Heads  of  departments  and  Mr. 
Madison;  he  expressed  the  extreme  wretchedness  of  his 
existence  while  in  office,  and  went  lengthily  into  the  late 
attacks  on  him  for  levees,  &c.,  and  explained  to  me  how 
he  had  been  led  into  them  by  the  persons  he  consulted 
at  New  York;  and  that  if  he  could  but  know  what  the 
sense  of  the  public  was,  he  would  most  cheerfully  con 
form  to  it. 

February  IQth,  1793.  B.  Randolph  tells  J.  Madison 
and  myself,  a  curious  fact  which  he  had  from  Lear. 
When  the  President  went  to  New  York,  he  resisted  for 
three  weeks  the  efforts  to  introduce  levees.  At  length 
he  yielded,  and  left  it  to  Humphreys  and  some  others 
to  settle  the  forms.  Accordingly,  an  ante-chamber  and 
presence  room  were  provided,  and  when  those  who  were 
to  pay  their  court  were  assembled,  the  President  set  out, 
preceded  by  Humphreys.  After  passing  through  the 
ante-chamber,  the  door  of  the  inner  room  was  thrown 
open,  and  Humphreys  entered  first,  calling  out  with  a 
loud  voice,  '-'the  President  of  the  United  States."  The 


106  ANAS  of  THOMAS  JEFFERSON.  1793 

President  was  so  much  disconcerted  with  it,  that  he  did 
not  recover  from  it  the  whole  time  of  the  levee,  and 
when  the  company  was  gone,  he  said  to  Humphreys, 
"Well,  you  have  taken  me  in  once,  but  by  God  you  shall 
never  take  me  in  a  second  time." 

There  is  reason  to  believe  that  the  rejection  of  the 
late  additional  Assumption  by  the  Senate,  was  effected 
by  the  President  through  Lear,  operating  on  Langdon. 
Beckley  knows  this. 

February  20th,  1793.  Colonel  W.  S.  Smith  called  on 
me  to  communicate  intelligence  from  France.  He  had 
left  Paris  November  the  9th.  He  says  the  French 
ministers  are  entirely  broken  with  Gouverneur  Morris ; 
shut  their  doors  to  him,  and  will  never  receive  another 
communication  from  him.  They  wished  Smith  to  be 
the  bearer  of  a  message  from  the  President,  to  this  effect, 
but  he  declined;  and  they  said  in  that  case  they  would 
press  it  through  their  own  minister  here.  He  says  they 
are  sending  Genet  here  with  full  powers  to  give  us  all  the 
privileges  we  can  desire  in  their  countries,  and  par 
ticularly  in  the  West  Indies;  that  they  even  contem 
plate  to  set  them  free  the  next  summer;  that  they  pro 
pose  to  emancipate  South  America,  and  will  send  forty- 
five  ships  of  the  line  there  next  spring,  and  Miranda  at 
the  head  of  the  expedition;  that  they  desire  our  debt  to 
be  paid  them  in  provisions,  and  have  authorized  him  to 
negotiate  this.  In  confirmation  of  this,  he  delivers  a 
letter  to  the  President  from  Le  Brun,  minister  for  for 
eign  affairs,  in  which  Le  Brun,  says  that  Colonel  Smith 
will  communicate  plans  worthy  of  his  (the  President's) 
great  mind,  and  he  shall  be  happy  to  receive  his  opinion 
as  to  the  means  the  most  suitable  to  effect  it. 

I  had,  five  or  six  days  ago,  received  from  Ternant, 


1793  ANAS  of  THOMAS  JEFFERSON.         107 

extracts  from  the  letters  of  his  ministers,  complaining  of 
both  Gouverneur  Morris  and  Mr.  Short.  I  sent  them  this 
day  to  the  President  with  an  extract  from  a  private  let 
ter  of  Mr.  vShort,  justifying  himself,  and  I  called  this 
evening  on  the  President.  He  said  he  considered  the 
extracts  from  Ternant  very  serious — in  short,  as  de 
cisive;  that  he  saw  that  Gouverneur  Morris  could  be  no 
longer  continued  there  consistent  with  the  public  good; 
that  the  moment  was  critical  in  our  favor,  and  ought 
not  to  be  lost :  that  he  was  extremely  at  a  loss  what  ar 
rangement  to  make.  I  asked  him  whether  Gouverneur 
Morris  and  Pinckney  might  not  change  places.  He  said 
that  would  be  a  sort  of  remedy,  but  not  a  radical  one. 
That  if  the  French  ministry  conceived  Gouverneur  Morris 
to  be  hostile  to  them;  if  they  had  been  jealous 
merely  on  his  proposing  to  visit  London,  they  would 
never  be  satisfied  with  us  placing  him  at  London  per 
manently.  He  then  observed,  that  though  I  had  un 
fixed  the  day  on  which  I  had  intended  to  resign,  yet 
I  appeared  fixed  in  doing  it  at  no  great  distance  of  time ; 
that  in  this  case,  he  could  not  but  wish  that  I  would  go 
to  Paris;  that  the  moment  was  important:  I  possessed 
the  confidence  of  both  sides,  and  might  do  great  good; 
that  he  wished  I  could  do  it,  were  it  only  to  stay  there 
a  year  or  two.  I  told  him  that  my  mind  was  so  bent  on 
retirement  that  I  could  not  think  of  launching  forth 
again  in  a  new  business,  that  I  could  never  again  cross 
the  Atlantic;  and  that  as  to  the  opportunity  of  doing 
good,  this  was  likely  to  be  the  scene  of  action,  as  Genet 
was  bringing  power  to  do  the  business  here;  but  that 
I  could  not  think  of  going  abroad.  He  replied  that  I 
had  pressed  him  to  continue  in  the  public  service,  and 
refused  to  do  the  same  myself.  I  said  the  case  was  very 
different;  he  united  the  confidence  of  all  America,  and 


108  ANAS  of  THOMAS  JEFFERSON.  1793 

was  the  only  person  who  did  so :  his  services  therefore 
were  of  the  last  importance;  but  for  myself,  my  going 
out  would  not  be  noted  or  known.  A  thousand  others 
could  supply  my  place  to  equal  advantage,  therefore 
I  felt  myself  free,  and  that  as  to  the  mission  to  France,  I 
thought  Pinckney  perfectly  proper.  He  desired  me  then  to 
consider  maturely  what  arrangement  should  be  made. 

Smith,  in  speaking  of  Morris,  said,  that  at  his  own 
table,  in  presence  of  his  company  and  servants,  he  cursed 
the  French  ministers,  as  a  set  of  damned  rascals;  said 
the  king  would  still  be  replaced  upon  his  throne.  He 
said  he  knew  they  had  written  to  have  him  recalled,  and 
expected  to  be  recalled.  He  consulted  Smith  to  know 
whether  he  would  bring  his  furniture  here  duty  free. 
Smith  has  mentioned  the  situation  of  Gouverneur  Morris 
freely  to  others  here. 

Smith  said  also  that  the  ministers  told 
him  they  meant  to  begin  their  attack  at  the 
mouth  of  the  Mississippi,  and  to  sweep  along  the  Bay 
of  Mexico  southwardly,  and  that  they  would  have  no 
objection  to  our  incorporating  into  our  government  the 
two  Floridas. 

February  2fith,  1793.  Notes  on  the  proceedings  of 
yesterday.  (See  the  formal  opinions  given  to  the  Presi 
dent  in  writing,  and  signed.) 

First  question.  We  are  all  of  opinion  that  the  treaty 
should  proceed  merely  to  gratify  the  public  opinion, 
and  not  from  an  expectation  of  success.  I  expressed  my 
self  strongly,  that  the  event  was  so  unpromising,  that 
I  thought  the  preparations  for  a  campaign  should  go 
on  \\ithout  the  least  relaxation,  and  that  a  day  should 
be  fixed  with  the  commissioners  for  the  treaty,  beyond 
which  they  should  not  permit  the  treaty  to  be  protracted, 


1793  ANAS  of  THOMAS  JEFFERSON.  109 

by  which  day  orders  should  be  given  for  our  forces  to 
enter  into  action.  The  President  took  up  the  thing 
instantly,  after  I  had  said  this,  and  declared  that  he  was 
so  much  in  the  opinion  that  the  treaty  would  end  in  noth 
ing  that  he  then,  in  the  presence  of  us  all,  gave  orders  to 
General  Knox,  not  to  slacken  the  preparations  for  the 
campaign  in  the  least,  but  to  exert  every  nerve  in  pre 
paring  for  it.  Knox  said  something  about  the  ultimate 
dav  for  continuing  the  negotiations.  I  acknowledged 
myself  not  a  judge  on  what  day  the  campaign  should  be 
gin,  but  that  whatever  it  was,  that  day  should  terminate 
the  treaty.  Knox  said  he  thought  a  winter  campaign 
was  always  the  most  efficacious  against  the  Indians.  I 
was  of  opinion,  since  Great  Britain  insisted  on  furnishing 
provisions,  that  we  should  offer  to  repay.  Hamilton 
thought  we  should  not. 

Second  question.  I  considered  our  right  of  pre 
emption  of  the  Indian  lands,  not  as  amounting  to  any 
dominion,  or  jurisdiction,  or  paramountship  whatever, 
but  merely  in  the  nature  of  a  remainder  after  the  ex 
tinguishment  of  a  present  right,  which  gave  us  no  pres 
ent  right  whatever,  but  of  preventing  other  nations  from 
taking  possession,  and  so  defeating  our  expectancy;  that 
the  Indians  had  the  full,  undivided  and  independent  sov 
ereignty  as  long  as  they  chose  to  keep  it,  and  that  this  ^ 
might  be  forever;  that  as  fast  as  we  extend  our  rights 
by  purchase  from  them,  so  fast  we  extend  the  limits  of 
our  society,  and  as  soon  as  a  new  portion  became  en 
circled  within  our  line,  it  became  a  fixed  limit  of  our  so 
ciety;  that  the  executive,  with  either  or  both  branches 
of  the  legislature,  could  not  alien  any  part  of  our  terri 
tory;  that  by  the  law  of  nations  it  was  settled,  that  the 
unity  and  indivisibility  of  the  society  was  so  funda 
mental,  that  it  could  not  be  dismembered  bv  the  con- 


110  ANAS  of  THOMAS  JEFFERSON.  1793 

stituted  authorities,  except,  1,  where  all  power  was  dele 
gated  to  them  (as  in  the  case  of  despotic  governments), 
or  2,  where  it  was  expressly  delegated;  that  neither  of 
these  delegations  had  been  made  to  our  General  Gov 
ernment,  and  therefore,  that  it  had  no  right  to  dis 
member  or  alienate  any  portion  of  territory  once  ulti 
mately  consolidated  with  us ;  and  that  we  could  no  more 
cede  to  the  Indians  than  to  the  English  or  Spaniards,  as  it 
might,  according  to  acknowledged  principles,  remain  as 
irrevocably  and  eternally  with  the  one  as  the  other.  But 
I  thought  that  as  we  had  a  right  to  sell  and  settle  lands 
once  comprehended  within  cur  Unes,  so  we  might  for 
bear  to  exercise  that  right,  retaining  the  property  till 
circumstances  should  be  more  favorable  to  the  settle 
ment,  and  this  I  agreed  to  do  in  the  present  instance,  if 
necessary  for  peace. 

Hamilton  agreed  to  the  doctrine  of  the  law  of  na 
tions,  as  laid  down  in  Europe,  but  that  it  was  founded 
on  the  universality  of  settlement  there;  consequently, 
that  no  lopping  off  of  territory  could  be  made  without  a 
lopping  off  of  citizens,  which  required  their  consent; 
but  that  the  law  of  nations  for  us  must  be  adapted  to 
the  circumstance  of  our  unsettled  country,  which  he 
conceived  the  President  and  Senate  may  cede ;  tfyat  the. 
power  of  treaty  was  given  to  them  by  the  Constitution, 
without  restraining  it  to  particular  objects ;  consequent 
ly,  that  it  was  given  in  as  plenipotentiary  a  form  as  held 
by  any  sovereign  in  any  other  society.  Randolph  was 
of  opinion  there  was  a  difference  between  a  cession  to 
Indians  and  to  any  others,  because  it  only  restored  the 
ceded  part  to  the  condition  in  which  it  was  before  we 
bought  it,  and  consequently,  that  we  might  buy  it  again 
hereafter;  therefore,  he  thought  the  executive  and 
Senate  could  cede  it.  Knox  joined  in  the  main  opinion. 


1793  ANAS  of  THOMAS  JEFFERSON.  Ill 

The  President  discovered  no  opinion,  but  he  made  some 
efforts  to  get  us  to  join  in  some  terms  which  could  unite 
us  all, and  he  seemed  to  direct  those  efforts  more  towards 
me;  but  the  thing  could  not  be  done. 

Third  question.  We  agreed  in  idea  as  to  the  line  to 
be  drawn,  to  wit,  so  as  to  retain  all  lands  appropriated, 
or  granted,  or  reserved. 

Fourth  question.  We  all  thought  if  the  Senate  should 
be  consulted,  and  consequently  apprized  of  our  line,  it 
would  become  known  to  Hammond,  and  we  should  lose 
all  chance  of  saving  anything  more  at  the  treaty  than 
our  ultimatum. 

Question.  Whether  we  should  furnish  the  three 
millions  of  livres  desired  by  France  to  procure  provisions  ? 
I  was  of  opinion  we  ought  to  do  it,  the  one  part  as  an 
arrearage  (about  318,000)  the  residue  as  an  advance 
towards  our  payments  to  be  made  in  Paris  in  September 
and  November  next. 

B.  Randolph  was  for  furnishing  the  whole  sum  asked 
but  under  such  blind  terms,  that  if  the  present  French 
government  should  be  destroyed,  and  the  former  one 
reestablished,  it  might  not  be  imputed  to  us  as  a  proof  of 
our  taking  part  with  the  present,  but  might  be  excused 
under  a  pretext  that  we  thought  we  might  owe  it.  Knox 
of  the  same  opinion. 

Hamilton  saw  the  combining  of  powers  against  France 
so  strong  as  to  render  the  issue  very  doubtful.  He 
therefore  was  against  going  beyond  the  318,000  dollars 
understood  to  be  in  arrears. 

The  President,  at  this  meeting,  mentioned  the  declara 
tion  of  some  person,  in  a  paper  of  Fenno,  that  he  would 
commence  an  attack  on  the  character  of  Dr.  Franklin. 
He  said  the  theme  was  to  him  excessively  disagreeable 
on  other  considerations,  but  most  particularly  so,  as  the 


112  AATAS  of  THOMAS  JEFFERSON.  1792 

party  seemed  to  do  it  as  a  means  of  defending  him  (the 
President)  against  the  late  attacks  on  him;  that  such 
a  mode  of  defence  would  be  peculiarly  painful  to  him, 
and  he  wished  it  could  be  stopped.  Hamilton  and 
Randolph  undertook  to  speak  to  Fenno  to  suppress  it, 
without  mentioning  it  as  the  President's  wish.  Both 
observed  that  they  had  heard  this  declaration  men 
tioned  in  many  companies,  and  that  it  had  excited 
universal  horror  and  detestation. 

The  paper  in  Fenno  must  lie  between  two  persons, 
viz.,  Adams  and  Izard,  because  they  are  the  only  per 
sons  who  should  know  such  facts  as  are  there  promised 
to  be  unfolded.  Adams  is  an  enemy  to  both  characters, 
and  might  choose  this  ground  as  an  effectual  position 
to  injure  both.  Izard  hated  Franklin  with  unparalleled 
bitterness,  but  humbly  adores  the  President,  because  he 
is  in  loco  regis.  If  the  paper  proceeds,  we  shall  easily  dis 
cover  which  of  these  two  gentlemen  is  the  champion.  In 
the  meantime,  the  first  paper  leads  our  suspicions  more 
towards  Izard  than  Adams,  from  the  circumstance  of 
style,  and  because  he  is  quite  booby  enough  not  to  see 
the  injury  he  would  do  to  the  President  by  such  a  mode 
of  defence. 

February  28th.  Knox,  B.  Randolph  and  myself  met 
at  Knox's,  where  Hamilton  was  also  to  have  met,  to 
consider  the  time,  manner  and  place  of  the  President's 
swearing  in.  Hamilton  had  been  there  before,  and  had 
left  his  opinion  with  Knox,  to  wit,  that  the  President 
should  ask  a  judge  to  attend  him  in  his  own  house  to 
administer  the  oath,  in  the  presence  of  the  Heads  of 
departments,  which  oath  should  be  deposited  in  the 
Secretary  of  State's  office.  I  concurred  in  this  opinion. 
Randolph  was  for  the  President's  going  to  the  Senate 


THOMAS  JEFFERSON,  BY  GILBERT  STUART. 


1793  ANAS  of  THOMAS  JEFFERSON.  113 

chamber  to  take  the  oath,  attended  by  the  marshal 
of  the  United  States,  who  should  then  make  proclama 
tion,  &c.  Knox  was  for  this,  and  for  adding  the  House 
of  Representatives  to  the  presence,  as  they  would  not 
yet  be  departed.  Our  individual  opinions  were  written, 
to  be  communicated  to  the  President,  out  of  which  he 
might  form  one.  In  the  coarse  of  our  conversation, 
Knox,  stickling  for  parade,  got  into  great  warmth,  and 
swore  that  our  government  must  either  be  entirely  new 
modeled,  or  it  would  be  knocked  to  pieces  in  less  than 
ten  years ;  and  that  as  it  is  at  present,  he  would  not  give 
a  copper  for  it ;  that  it  is  the  President's  character,  and 
not  the  written  constitution,  which  keeps  it  together. 

Same  Day.  Conversation  with  Lear.  He  expressed 
the  strongest  confidence  that  republicanism  was  the 
universal  creed  of  America,  except  of  a  very  few;  that 
a  republican  administration  must  of  necessity  immedi 
ately  overbear  the  contrary  faction;  said  that  he  had 
seen  with  extreme  regret  that  a  number  of  gentlemen 
had  for  a  long  time  been  endeavoring  to  instil  into  the 
President,  that  the  noise  against  the  administration  of 
the  government  was  that  of  a  little  faction,  which  would 
soon  be  silent,  and  which  was  detested  by  the  people, 
who  were  contented  and  prosperous;  that  this  very 
party,  however,  began  to  see  their  error,  and  that  the 
sense  of  America  was  bursting  forth  to  their  conviction. 

March  2d,  1793.  See  in  the  papers  of  this  date,  Mr. 
Giles's  resolutions.  He  and  one  or  two  others  were 
sanguine  enough  to  believe  that  the  palpableness  of 
these  resolutions  rendered  it  impossible  the  House  could 
reject  them.  Those  who  knew  the  composition  of  the 
House,  1,  of  bank  directors;  2,  holders  of  bank  stock;  3, 


114  ANAS  of  THOMAS  JEFFERSON.  1793 

stock  jobbers;  4,  blind  devotees;  5,  ignorant  persons  who 
did  not  comprehend  them;  6,  lazy  and  good-humored 
persons,  who  comprehended  and  acknowledged  them, 
yet  were  too  lazy  to  examine,  or  unwilling  to  pronounce 
censure ;  the  persons  who  knew  these  characters,  foresaw 
that  the  three  first  descriptions  making  one-third  of  the 
House,  the  three  latter  would  make  one-half  of  the 
residue;  and,  of  course,  that  they  would  be  rejected  by 
a  majority  of  two  to  one.  But  they  thought  that  even 
this  rejection  would  do  good,  by  showing  the  public 
the  desperate  and  abandoned  dispositions  with  which 
their  affairs  were  conducted.  These,  resolutions  were 
proposed,  and  nothing  spared  to  present  them  in  the 
fullness  of  demonstration.  There  were  not  more  than 
three  or  four  who  voted  otherwise  than  had  been  ex 
pected. 

It  is  known  that  Murray  of  Maryland  deals  in  paper. 

Mar.   23,    1793.     The  following  list  of  paper-men   is 
communicated  to  me  by  Mr.  Beckley.* 
Oilman*  Stockholder  in  U.  S.  Bank. 
Gerry.*  t     Stockholder. 
Sedgewick. 

Ames.*     Stockholder. 
Goodhue.*     Stockholder. 
Bourne  of  Rhode  Island,  suspected  only. 
Trumbul.*     Stockholder. 
Wadsworth.*     Stockholder. 
Hillhouse.*     Stockholder. 
Learned.     Stockholder. 
Laurence.     Stockholder  and  Director. 
Gordon. 

Boudinot.t     Stockholder. 
Dayton.*     Stockholder. 


1793  A/VAS  of  TOHMAS  JEFFERSON.  115 

Fitsimmons.*     Stockholder  and  director. 

Heister .  *     Stockholder. 

Sterret. 

Murray.     Stockholder. 

Williamson.*1     Stockholder. 

Smith.     Stockholder  and  Director  for  himself  and  his 
proxies,  his  vote  is  near  one-fifth  of  the  whole. 

Cabot.*    Stockholder  and  Director. 

Sherman.*     Stockholder. 

Elsvvorth.     Stockholder,  question. 

King.*    Stockholder  and  Director. 
'   Dickinson. 

Stockholders  H.  Repr.     Senate; 

Morris.*  Stockholder      Other  paper  16  5 

Johnson.*  3  2 

Izard.*  Stockholder.  19  7 

Suspected  2  4 

March  30//*,  1793.  At  our  meeting  at  the  President's, 
February  25th,  in  discussing  the  question,  whether  we 
should  furnish  to  France  the  three  millions  of  livres  de 
sired,  Hamilton,  in  speaking  on  the  subject,  used  this 
expression,  "When  Mr.  Genet  arrives,  whether  we 
shall  receive  him  or  not,  will  then  be  a  question  for  dis 
cussion,"  which  expression  I  did  not  recollect  till  B. 
Randolph  reminded  rne  of  it  a  few  days  after.  There 
fore,  on  the  20th,  instant,  as  the  President  was  shortly 
to  set  out  for  Mount  Vernon,  I  observed  to  him,  that,  as 
Genet  might  arrive  in  his  absence,  I  wished  to  know 
beforehand  how  I  should  treat  him,  whether  as  a  person 

J    Mar.  25.    BecTcley  says  he  has  this  day  discovered  that  Benson  is  a  stock 
holder.     \lso  Borne  of  Rhode  Island  and  Key.  T.  J. 
*  These  are  known  to  Beckley.     T.  J. 
t  These  avowed  it  in  the  presence  of  T.  J.       T.  J. 


116  ANAS  of  THOMAS  JEFFERSON.  1793 

who  would  or  would  not  be  received?  He  said  he  could 
sec  no  ground  of  doubt  but  that  he  ought  to  be  received. 
On  the  24th  he  asked  E.  Randolph's  opinion  on  the 
subject,  saying  he  had  consulted  Colonel  Hamilton 
thereon,  who  went  into  lengthy  considerations  of  doubt 
and  difficulty,  and  viewing  it  as  a  very  unfortnuate 
thing  that  the  President  should  have  the  decision  of  so 
critical  a  point  forced  on  him;  but,  in  conclusion,  said, 
since  he  was  brought  into  that  situation,  he  did  not  see 
but  that  he  must  receive  Mr.  Genet.  Randolph  told  the 
President  he  was  clear  he  should  be  received,  and  the 
President  said  he  had  never  had  any  doubt  on  the  sub 
ject  in  his  mind.  Afterwards,  on  the  same  day,  he  spoke 
to  me  again  on  it,  and  said  Mr.  Genet  should  unques 
tionably  be  received ;  but  he  thought  not  with  too  much 
warmth  or  cordiality,  so  only  as  to  be  satisfactory  to 
him.  I  wondered  at  first  at  this  restriction;  but  when 
Randolph  afterwards  communicated  to  me  his  con 
versation  of  the  24th,  I  became  satisfied  it  was  a  small 
sacrifice  to  the  opinion  of  Hamilton. 

March  31st.  Mr.  Beckley  tells  me,  that  the  merchants' 
bonds  for  duties  on  six  months'  credit  became  due  the 
1st  instant  to  a  very  great  amount,  that  Hamilton  went 
to  the  bank  on  that  day,  and  directed  the  bank  to  dis 
count  for  those  merchants  all  their  bonds  at  thirty  days, 
and  that  he  would  have  the  collectors  credited  for  the 
money  at  the  treasury.  Hence,  the  treasury  lumping 
its  receipts  by  the  month  in  it's  printed  accounts,  these 
sums  will  be  considered  by  the  public  as  only  received 
on  the  last  day;  consequently,  the  bank  makes  the 
month's  interest  out  of  it.  Beckley  had  this  from  a 
merchant  who  had  a  bond  discounted,  and  supposes  a 


1793  ANAS  of  THOMAS  JEFFERSON.  117 

million  of  dollars  were  discounted  at  the  bank  here.  Mr. 
Brown  got  the  same  information  from  another  mer 
chant,  who  supposed  only  six  hundred  thousand  dollars 
discounted  here.  But  they  suppose  the  same  orders 
went  to  all  the  branch  bank?  to  a  great  amount. 

^  Eodem  die.  Mr.  Brown  tells  me  he  has  it  from  a  mer 
chant,  that  during  the  last  winter  the  directors  of  the 
bank  ordered  the  freest  discounts.  Every  man  could 
obtain  it.  Money  being  so  flush,  the  six  per  cents  run 
up  to  twenty-one  and  twenty-two  shillings.  Then  ihe 
directors  sold  out  their  private  stocks.  When  the  dis 
counted  notes  were  becoming  due,  they  stopped  dis 
counts,  and  not  a  dollar  was  to  be  had.  This  reduced 
six  per  cents  to  eighteen  shillings  and  three  pence;  then 
the  same  directors  bought  it  again. 

April  7th,  1793.  Mr.  Lear  called  on  me,  and  intro 
duced  of  himself  a  conversation  on  the  affairs  of  the 
United  States.  He  laughed  at  the  cry  of  prosperity, 
and  the  deriving  it  from  the  establishment  of  the  treas 
ury;  he  said,  that  so  far  from  giving  into  this  opinion 
and  that  we  were  paying  off  our  national  debt,  he  was 
clear  the  debt  v/as  growing  on  us;  that  he  had  lately 
expressed  this  opinion  to  the  President  who  appeared 
much  astonished  at  it.  I  told  him  I  had  given  the  same 
hint  to  the  President  last  summer,  and  lately  again  had 
suggested,  that  we  were  even  depending  for  the  daily 
subsistence  of  government  on  borrowed  money.  He 
said,  that  was  certain,  and  was  the  only  way  of  ac 
counting  for  what  was  become  of  the  money  drawn 
over  from  Holland  to  this  country.  He  regretted  that 
the  President  was  not  in  the  way  of  hearing  full  informa 
tion,  declared  he  communicated  to  him  everything  he 


118  ANAS  of  THOMAS  JEFFERSON.  1793 

could  learn  himself;  that  th^  men  who  vaunted  the 
present  government  so  much  on  some  occasions  were 
the  very  men  who  at  other  times  declared  it  was  a  poor 
thing,  and  such  a  one  as  could  not  stand,  and  he  was 
sensible  they  only  esteemed  it  as  a  stepping  stone  to 
something  else,  and  had  availed  themselves  of  the  firbt 
moments  of  the  enthusiasm  in  favor  of  it,  to  pervert  its 
principles  and  make  of  it  what  they  wanted;  and  that 
though  they  raised  the  cry  of  anti-federalism  against 
those  who  censured  the  mode  of  administration,  yet  he 
was  satisfied,  whenever  it  should  come  to  be  tried,  that 
the  very  men  whom  they  called  anti-federalists,  were 
the  men  who  would  save  the  government,  and  he  looked 
to  the  next  Congress  for  such  rectification. 

Eodem  die.  Mr.  Beckley  tells  me  that  a  gentleman, 
heartily  a  fiscalist,  called  o  i  him  yesterday,  told  him  he 
had  been  to  New  York  and  into  the  P.ison  with  Duer 
with  wh.ni  he  had  much  conversation.  That  Pintard, 
Duer's  agent  has  about  100,000  dollars  worth  of  prop 
erty  in  his  handb  and  bids  de  a  ce:  that  this  embar 
rasses  Duer  much,  who  declares  that  if  certain  persons 
do  not  relieve  im  shortly,  he  will  unfold  such  a  scene  of 
villiany  as  will  astonish  the  world. 

April  18th.  Th3  President  sends  a  set  of  questions 
to  be  considered,  and  call  a  meeting.  '1  hough  those 
sent  me  were  in  his  own  hand  writing,  yet  it  was  pal 
pable  from  the  style,  their  ingenious  tissue  and  suite, 
that  they  were  not  the  President's,  that  they  were  raised 
u .3:  n  a  prepared  chain  of  argument,  i  i  short,  that  the 
language  was  Hamilton's,  and  the  doubts  his  alone. 
They  led  to  a  declaration  of  the  executive,  that  our 
treaty  with  France  is  void.  E.  Randolph,  the  next  day, 


1793  ANAS  of  THOMAS  JEFFERSON.  119 

told  me  that  the  day  before  the  date  of  these  questions ' 
Hamilton  went  with  him  through  the  whole  chain  of 
reasoning  of  which  these  questions  are  the  skeleton, 
and  that  he  recognized  them  the  moment  he  saw  them. 
We  met.  The  first  question,  whether  we  should  re 
ceive  the  French  minister,  Genet,  was  proposed,  and 
we  agreed  unanimously  that  he  should  be  received; 
Hamilton,  at  the  same  time,  expressing  his  great  regret 
that  any  incident  had  happened,  which  should  oblige 
us  to  recognize  the  government.  The  next  question 
was,  whether  he  should  be  received  absolutely,  or  with 
qualifications.  Here  Hamilton  took  up  the  whole  sub 
ject,  and  went  through  it  in  the  order  in  which  the 
questions  sketch  it.  See  the  chain  of  his  reasoning  in 
my  opinions  of  April  28th.  Knox  subscribed  at  once  to 
Hamilton's  opinion  that  we  ought  to  declare  the  treaty 
void,  acknowledging,  at  the  same  time,  like  a  fool  as  he 
-is,  that  he  knew  nothing  about  it.  I  was  clear  it  re 
mained  valid.  Randolph  declared  himself  of  the  same 
opinion,  but  on  Hamilton's  undertaking  to  present  to 
him  the  authority  in  Vattel  (which  we  had  not  present) 
and  to  prove  to  him,  that  if  the  authority  was  admitted 
the  treaty  might  be  declared  void,  Randolph  agreed  to 
to  take  further  time  to  consider.  It  was  adjourned.  We 
determined,  unanimously,  the  last  question,  that  Con 
gress  should  not  be  called.  There  having  been  an  in 
timation  by  Randolph,  that  in  so  great  a  question  he 
should  choose  to  give  a  written  opinion,  and  this  being 
approved  by  the  President,  I  gave  in  mine  April  28th. 
Hamilton  gave  in  his.  I  believe  Knox's  was  never 
thought  worth  offering  or  asking  for.  Randolph  gave  his 
May  the  Gth,  concurring  with  mine.  The  President  told 
me,  the  same  day,  he  had  never  had  a  doubt  about  the 
validity  of  the  treaty ;  but  that  since  a  question  had  been 


120  ANAS  of  THOMAS  JEFFERSON.  1793 

suggested,  he  thought  it  ought  to  be  considered;  that 
this  being  done,  I  might  now  issue  passports  to  sea  ves 
sels  in  the  form  prescribed  by  the  French  treaty.  1  had 
for  a  week  past  only  issued  the  Dutch  form;  to  have 
issued  the  French,  would  have  been  presupposing  the 
treaty  to  be  in  existence.  The  President  suggested, 
that  he  thought  it  would  be  as  well  that  nothing  should 
be  said  of  such  a  question  having  been  under  considera 
tion. 

Written  May  6th. 

May  6th,  1793.  The  President  shows  me  a  draught 
of  a  letter  from  Colonel  Hamilton  to  the  collectors  of 
the  customs,  desiring  them  to  superintend  their  neigh 
borhood,  watch  for  all  acts  of  our  citizens  contrary  to 
laws  of  neutrality  or  tending  to  infringe  those  laws,  and 
inform  him  of  it ;  and  particularly  to  see  if  vessels  should 
be  building  pierced  for  guns.  I  told  the  President  that 
at  a  conference  a  few  days  before  Colonel  Hamilton  and 
E.  Randolph  had  concurred  in  opinion  against  me  that 
for  us  to  build  and  sell  vessels  fit  for  war  would  be  a 
breach  of  neutrality,  but  that  I  understood  them  as 
agreeing  that  no  opinion  should  go  from  the  public  on 
that  question  as  not  being  now  necessary;  that  as  to 
the  first  part  of  the  letter  I  did  not  of  a  sudden  de 
cide  it  to  be  improper.  He,  on  this,  returned  the  letter 
to  Hamilton  with  a  desire  that  he,  B.  Randolph  and 
myself  would  confer  on  it. 

May  7.  We  met  as  trustees  of  the  Sinking  Fund. 
For  the  opinion  I  delivered  sec  my  note  of  May  8th  to 
K.  Randolph  and  for  his  see  his  answer  of  May  9th.  On 
the  business  of  the  sinking  fund,  we  had  meant  to  have 
come  to  a  resolution  to  ask  of  the  President  if  there  was 


1793  ANAS  of  THOMAS  JEFFERSON.  121 

any  money  under  the  loans  at  our  disposal  the  occa 
sion  of  laying  it  out  being  favorable. 

But  Hamilton  produced  a  letter  just  received  from  our 
bankers  informing  him  of  the  impossibility  of  effecting 
the  new  loan  which  had  been  ordered  (and  of  which  I 
had  not  heard  before)  on  this  I  declared  it  is  my  opinion 
that  if  the  money  on  hand  was  not  sufficient  to  pay  our 
next  installment  to  France  and  also  to  purchase  public 
debt,  (of  which  I  could  not  be  a  judge,  only  knowing  that 
our  next  installment  would  be  of  between  600,000  and 
700,000  dollars  and  was  approaching)  I  should  be 
against  failing  in  the  payment  which  was  a  positive 
engagement,  whereas  the  purchase  of  public  debt  was 
voluntary.  So  nothing  was  done. 

When  the  question  was,  whether  the  proclamation  of 
April  22d  should  be  issued,  Randolph  observed,  that 
there  should  be  a  letter  written  by  me  to  the  ministers 
of  the  belligerent  powers,  to  declare  that  it  should  not 
be  taken  as  conclusive  evidence  against  our  citizens  in 
foreign  courts  of  admiralty,  for  contraband  goods.  Knox 
suddenly  adopted  the  opinion  before  Hamilton  de 
livered  his.  Hamilton  opposed  it.  pretty  strongly.  1 
thought  it  an  indifferent  thing,  but  rather  approved 
Randolph's  opinion.  The  President  was  against  it; 
but  observed  that  as  there  were  three  for  it,  it  should  go. 
This  was  the  first  instance  I  had  seen  of  an  opportunity 
to  decide  by  a  mere  majority,  including  his  own  vote. 

May  12th.  Lear  called  on  me  today.  Speaking  of 
the  lowness  of  stocks,  (sixteen  shillings,)  I  observed  it 
was  a  pity  we  had  not  money  to  buy  on  public  account. 
He  said,  yes,  and  that  it  was  the  more  provoking,  as  two 
millions  had  been  borrowed  for  that  purpose,  and  drawn 
over  here,  and  yet  were  not  here.  That  he  had  no  doubt 


122  ANAS  of  THOMAS  JEFFERSON.  1793 

those  would  take  notice  of  the  circumstance  whose  duty 
it  was  to  do  so.     1  suppose  he  must  mean  the  President. 

May  2Qth,  1793.  Question.  Shall  the  privateer  fitted 
out  at  Charleston  and  her  prizes  be  ordered  out  of  the 
ports  of  the  U.  S.  ? 

I.  As  Punishment. 

Explain  circumstance  which  drove  Genet  into  the 
southern  passage  induced  him  to  land  at  Charleston. 
u  French  citizens  soliciting  commission  to  arm.  Gov 
ernor  winking  at  it.  Words  of  XXII  Article,  shall  not 
be  lawful  for  enemies  of  France  fit  out  privateers.  Im 
plication  yet  shall  be  lawful  for  French. 

So  understood  universally,  by  every  one  here — by 
ourselves  at  Charleston — by  Genet.  Still  true  it  is  not 
expressly  permitted — may  be  forbidden.  But  till  for 
bidden  must  be  slight  offence.  The  prohibition  to  be 
future  not  retrospective. 

II.  Right. 

\:    What  right  to  order  away? 

XVII  makes  lawful  to  enter  with  prizes  and  stay. 

In  whom  is  the  right  to  these  privateers  and  prizes? 

French  citizens  retain  fidelity  in  foreign  country,  have 
right  to  return  to  defence  of  country  by  sea  or  land,  may 
confer  on  that,  associate,  contribute  money,  may  buy 
vessel  with  own  money — man  her  themselves  on  condi 
tion  commence  no  hostilities  within  limits  of  U.  S.  As 
soon  as  out  of  limits,  themselves  and  vessel  free  as  any 
other. 

French  citizens  ante-residents,  on  same  footing  as  new 
msitants. 

When  take  a  vessel  at  sea,  property  transferred  by 
laws  of  war.  This  point  understood  at  former  confer 
ence;  for  if  not  transferred,  should  be  given  up.  If 


1793  ANAS  of  THOMAS  JEFFERSON.  123 

right     transferred,     then    XVI I th    Article     authorizes 
entry.     No  half-way  act  justifiable. 

Objection.     It  is  punishment  for  the  offence. 

Answer.     No  offence  till  forbidden.     Looks  only  to 
future. 

III.     Policy  of  this  Touchiness. 

Minister  newly  arrived,  j 

First  from  the  republic,  j 

Popularity  of  French  nation  and  cause. 

Proposals  he  brings. 

No  call  of  guarantee. 

Free  trade  to  islands, 


~    ~  ,  by  treaty. 

To  France, 

Shall  such  a  mission  to  reed,  with  reprimand? 
And  for  whom.     For  England? 
For  confederate  princes?  j    ; 

Our  reward  the  Cyclops'  boon  to  Ulysses  last  de 
voured.  Od.  i,  369. 

Are  we  playing  ye  part  England  played?  Force 
France  to  a  tack  us? 

Yet  we  may  take  side  with  the  confederating  princes? 

The  party  wishing  that  is  very  small. 

Hamilton  and  Knox  were  of  opinion  for  giving  up  the 
prize.  But  if  that  could  not  be,  then  to  order  away  the 
privateer  and  prize ;  and  if  that  could  not  be,  then  order 
away  the  privateer. 

Th.  Jefferson  of  opinion  that  neither  could  be  given 
up  or  ordered  away. 

E.  Randolph  for  ordering  away  the  privateer  and 
nothing  more. 

The  President  confirmed  the  last  opinion  and  it  seemed 
to  be  his  own. 

May  23,  1793.     I  had  sent  to  the  President  yesterday, 


124  AVAS  of  THOMAS  JEFFERSON.  1793 

draughts  of  a  letter  from  him  to  the  Provisory  Execu 
tive  Council  of  France,  and  of  one  from  myself  to  Mr. 
Ternant,  both  on  the  occasion  of  his  recall.  I  called 
on  him  today.  He  said  there  was  an  expression  in  one 
of  them,  which  he  had  never  before  seen  in  any  of  our 
public  communications,  to  wit,  "our  republic."  The 
letter  prepared  for  him  to  the  Council,  began  thus:  "The 
Citizen  Ternant  has  delivered  to  me  the  letter  wherein 
you  inform  me,  that  yielding,  &c.,  you  had  determined 
to  recall  him  from  his  mission,  as  your  Minister  Plenipo 
tentiary  to  our  republic."  He  had  underscored  the  words 
our  republic.  He  said  that  certainly  ours  was  a  republi 
can  government,  but  yet  we  had  not  used  that  style  in 
this  way ;  that  if  any  body  wanted  to  change  its  form  into 
a  monarchy,  he  was  sure  it  was  only  a  few  individuals, 
and  that  no  man  in  the  United  States  would  set  his  face 
against  it  more  than  himself ;  but  that  this  was  not  what 
he  was  afraid  of;  his  fears  were  from  another  quarter; 
that  there  was  more  danger  of  anarchy  being  introduced. 
He  adverted  to  a  piece  in  Freneau's  paper  of  yesterday; 
he  said  he  despised  all  their  attacks  on  him  personally, 
but  that  there  never  had  been  an  act  of  the  government, 
not  meaning  in  the  executive  line  only,  but  in  any  line, 
which  that  paper  had  not  abused.  He  had  also  marked 
the  word  republic  thus  "*",  where  it  was  applied  to  the 
French  republic.  (See  the  original  paper.)  He  was 
evidently  sore  and  warm,  and  I  took  his  intention  to  be, 
that  I  should  interpose  in  some  way  with  Freneau,  per 
haps  withdraw  his  appointment  of  translating  clerk  to 
my  office.  But  I  will  not  do  it.  His  paper  has  saved 
our  constitution,  which  was  galloping  fast  into  mon 
archy,  and  has  been  checked  by  no  one  means  so  power 
fully  as  by  that  paper.  It  is  well  and  universally  known, 
that  it  has  been  that  paper  which  has  checked  the  career 


1793  ANAS  of  THOMAS  JEFFERSON.  125 

of  the  monocrats ;  and  the  President,  not  sensible  of  the 
designs  of  the  party,  has  not  with  his  usual  good  sense 
and  sang  froid,  looked  on  the  efforts  and  effects  of  this 
free  press,  and  seen  that,  though  some  bad  things  have 
passed  through  it  to  the  public,  yet  the  good  have  pre 
ponderated  immensely. 

June  7th,  1793.  Mr.  Beckley,  who  has  returned  from 
New  York  within  a  few  days,  tells  me  that  while  he  was 
there,  Sir  John  Temple,  Consul  General  of  the  northern 
States  for  Great  Britain,  showed  him  a  letter  from  Sir 
Gregory  Page  Turner,  a  member  of  Parliament  for  a 
borough  in  Yorkshire,  who,  he  said,  had  been  a  member 
for  twenty-five  years,  and  always  confidential  for  the 
ministers,  in  which  he  permitted  him  to  read  particular 
passages  of  the  following  purport:  "that  the  govern 
ment  was  well  apprized  of  the  predominancy  of  the  British 
interest  in  the  United  States ;  that  they  considered  Colo 
nel  Hamilton,  Mr.  King,  and  Mr.  W.  Smith,  of  South 
Carolina,  as  the  main  supports  of  that  interest ;  that  par 
ticularly,  they  considered  Colonel  Hamilton,  and  not  Mr. 
Hammond,  as  their  effective  minister  here;  that  if  the 
anti-federal  interest  (that  was  his  term),  at  the  head  of 
which  they  considered  Mr.  Jefferson  to  be,  should  pre 
vail,  these  gentlemen  had  secured  an  asylum  to  them 
selves  in  England."  Beckley  could  not  understand 
whether  they  had  secured  it  themselves,*  or  whether 
they  were  only  notified  that  it  was  secured  to  them.  So 
that  they  understand  that  they  may  go  on  boldly  in  their 
machinations  to  change  the  government,  and  if  they 
should  be  overset  and  choose  to  withdraw,  they  will  be 
secure  of  a  pension  in  England,  as  Arnold,  Deane,  &c., 


*  In  the  margin  is  written  by  Mr  Jefferson,  "Impossible  as  to  Hamilton; 

^  TJCQC  far  aHrttr**  fViof  '* 


he  was  far  above  that." 


126  ANAS  of  THOMAS  JEFFERSON.         1793 

had.  Sir  John  read  passages  of  a  letter  (which  he  did  not 
put  into  Beckley's  hand,  as  he  did  the  other)  from  Lord 
Greenville,  saying  nearly  the  same  things.  This  letter 
mentions  to  Sir  John,  that  though  they  had  divided  the 
Consul  Generalship,  and  given  the  southern  department 
to  Bond,  yet  he,  Sir  John,  was  to  retain  his  whole  salary. 
(By  this  it  would  seem,  as  if,  wanting  to  use  Bond,  they 
had  covered  his  employment  with  this  cloak.)  Mr. 
Beckley  says  that  Sir  John  Temple  is  a  strong  republi 
can.  I  had  a  proof  of  his  intimacy  with  Sir  John  in  this 
circumstance.  Sir  John  received  his  new  commission  of 
Consul  for  the  northern  department,  and  instead  of  send 
ing  it  through  Mr.  Hammond,  got  Beckley  to  enclose  it 
to  me  for  his  exequatur.  I  wrote  to  Sir  John  that  it 
must  come  through  Mr.  Hammond,  enclosing  it  back  to 
him.  He  accordingly  then  sent  it  to  Mr.  Hammond. 

In  conversation  with  the  President  today,  and  speak 
ing  about  General  Greene,  he  said  that  he  and  General 
Greene  had  always  differed  in  opinion  about  the  manner 
of  using  militia.  Greene  always  placed  them  in  his 
front:  himself  was  of  opinion,  they  should  always  be 
used  as  a  reserve  to  improve  any  advantage,  for  which 
purpose  they  were  the  finest  fellows  in  the  world.  He 
said  he  was  on  the  ground  of  the  battle  of  Guilford.with  a 
person  who  was  in  the  action,  and  who  explained  the 
whole  of  it  to  him.  That  General  Greene's  front  was 
behind  a  fence  at  the  edge  of  a  large  field,  through  which 
the  enemy  were  obliged  to  pass  to  get  at  them ;  and  that 
in  their  passage  through  this,  they  must  have  been 
torn  all  to  pieces,  if  troops  had  been  posted  there  who 
would  have  stood  their  ground;  and  that  the  retreat 
from  that  position  was  through  a  thicket,  perfectly  se 
cure.  Instead  of  this,  he  posted  the  North  Carolina 
militia  there,  who  only  gave  one  fire  and  fell  back,  so 


1793  ANAS  of  THOM.4S  JEFFERSON.  127 

that  the  whole  benefit  of  their  position  was  lost.  He 
thinks  that  the  regulars,  with  their  field  pieces,  would 
have  hardly  let  a  single  man  get  through  that  field. 

Eodem  die  (June  7th).  Beckley  tells  me  that  he  has 
the  following  fact  from  Governor  Clinton.  That  before 
the  proposition  for  the  present  General  Government,  i.  e. 
a  little  before  Hamilton  conceived  a  plan  for  establishing 
a  monarchical  government  in  the  United  States,  he  wrote 
a  draught  of  a  circular  letter,  which  was  to  be  sent  to 
about persons,  to  bring  it  about.  One  of  these  let 
ters,  in  Hamilton's  handwriting,  is  now  in  possession  of 
an  old  militia  General  up  the  North  River,  who,  at  that 
time,  was  thought  orthodox  enough  to  be  entrusted  in 
the  execution.  This  General  has  given  notice  to  Gov 
ernor  Clinton  that  he  has  this  paper,  and  that  he  will  de 
liver  it  into  his  hands,  and  no  one's  else.  Clinton  intends 
the  first  interval  of  leisure,  to  go  for  it,  and  he  will  bring 
it  to  Philadelphia.  Beckley  is  a  man  of  perfect  truth  as 
to  what  he  affirms  of  his  own  knowledge,  but  too  credu 
lous  as  to  what  he  hears  from  others. 

June  IQth,  1793.  Mr.  Brown  gives  me  the  following 
specimen  of  the  phrenzy  which  prevailed  at  New  York 
on  the  opening  of  the  new  government.  The  first  public 
ball  which  took  place  after  the  President's  arrival  there, 
Colonel  Humphreys,  Colonel  W.  S.  Smith,  and  Mrs.  Knox 
were  to  arrange  the  ceremonials.  These  arrangements 
were  as  follows :  a  sofa  at  the  head  of  the  room,  raised  on 
several  steps,  whereon  the  President  and  Mrs.  Washing 
ton  were  to  be  seated.  The  gentlemen  were  to  dance  in 
swords.  Each  one,  when  going  to  dance,  was  to  lead  his 
partner  to  the  foot  of  the  sofa,  make  a  low  obeisance  to 
the  President  and  his  lady,  then  go  and  dance,  and  when 


128  ANAS  of  THOMAS  JEFFERSON.  1793 

done,  bring  his  partner  again  to  the  foot  of  the  sofa  for 
new  obeisances,  and  then  to  retire  to  their  chairs.  It 
was  to  be  understood,  too,  that  gentlemen  should  be 
dressed  in  bags.  Mrs.  Knox  contrived  to  come  with  the 
President,  and  to  follow  him  and  Mrs.  Washington  to 
their  destination,  and  she  had  the  design  of  forcing  an 
invitation  from  the  President  to  a  seat  on  the  sofa.  She 
mounted  up  the  steps  after  them  unbidden,  but  unfortu 
nately  the  wicked  sofa  was  so  short,  that  when  the  Presi 
dent  and  Mrs.  Washington  were  seated,  there  was  not 
room  for  a  third  person;  she  was  obliged,  therefore,  to 
descend  in  the  face  of  the  company,  and  to  sit  where  she 
could.  In  other  respects  the  ceremony  was  conducted 
rigorously  according  to  the  arrangements,  and  the  Presi 
dent  made  to  pass  an  evening  which  his  good  sense  ren 
dered  a  very -miserable  one  to  him. 


June  12 Ih.  Beckley  tells  me  that  Klingham  has 
been  with  him  today,  and  relates  to  him  the  following 
fact.  A  certificate  of  the  old  Congress  had  been  offered 
at  the  treasury  and  refused  payment,  and  so  indorsed 
in  red  ink  as  usual.  This  certificate  came  to  the  hands 
of  Francis,  (the  quondam  clerk  of  the  treasury,  who,  on 
account  of  his  being  dipped  in  the  infamous  case  of  the 
Baron  Glaubec,  Hamilton  had  been  obliged  to  dismiss, 
to  save  appearances,  but  with  an  assurance  of  all  future 
service,  and  he  accordingly  got  him  established  in  New 
York.)  Francis  wrote  to  Hamilton  that  such  a  ticket 
was  offered  him,  but  he  could  not  buy  it  unless  he  would 
inform  him  and  give  him  his  certificate  that  it  was  good. 
Hamilton  wrote  him  a  most  friendly  letter,  and  sent 
him  the  certificate.  He  bought  the  paper,  and  came 
on  here  and  got  it  recognized,  whereby  he  made  twenty- 


1793  ANAS  of  THOMAS  JEFFERSON.  129 

five  hundred  dollars.     Klingham  saw  both J:he  letter  and 
certificate . 

Irving,  a  clerk  in  the  treasury,  an  Irishman,  is  the 
author  of  the  pieces  now  coming  out  under  the  signature 
of  Veritas,  and  attacking  the  President.  I  have  long 
suspected  this  detestable  game  was  playing  by  the  fiscal 
party,  to  place  the  President  on  their  side. 


July  5th,  1793.  A  meeting  desired  by  Alexander  Ham 
ilton  at  my  office.  Himself,  Knox,  and  myself  met  ac 
cordingly.  He  said  that  according  to  what  had  been 
agreed  on  in  presence  of  the  President,  in  consequence 
of  Mr.  Genet's  declining  to  pay  the  $45,000  at  his  com 
mand  in  the  treasury,  to  the  holders  of  the  St.  Domingo 
bills,  we  had  agreed  to  pay  the  holders  out  of  other 
money  to  that  amount;  that  he  found,  however,  that 
these  bills  would  amount  to  $90,000,  and  the  question 
was  whether  he  should  assume  $90,000  to  be  paid  out  of 
the  September  installment.  This,  he  said,  would  en 
able  holders  to  get  discounts  at  the  banks,  would  there 
fore  be  equal  to  ready  money,  and  save  them  from  bank 
ruptcy.  Unanimously  agreed  to.  We  also  agreed  to  a 
letter  written  by  General  Knox  to  Governor  Mifflin,  to 
have  a  particular  inquiry  made  whether  the  Little  Sarah 
is  arming,  &c.,  or  not.  I  read  a  letter  from  the  President 
about  the  Swallow  letter  of  Marque  at  New  York  com 
plained  of  by  the  French  Consul.  Agreed  as  the  case 
was  new,  to  let  it  wait  for  the  President.  I  read  also 
Governor  Lee's  letter  about  the  Governor  of  South  Caro 
lina's  proclamation  respecting  pestilential  disease  in 
West  Indies.  We  are  all  of  opinion  the  evidence  is  too 
slight  for  interference,  and  doubt  the  power  to  interfere. 
Therefore  let  it  lie. 


130  ANAS  of  THOMAS  JEFFERSON.  1793 

Mr.  Genet  called  on  me  and  read  to  me  very  rapidly 
instructions  he  had  prepared  for  Michaud,  who  is  going 
to  Kentucky,  an  address  to  the  inhabitants  of  Louis 
iana,  and  another  to  those  of  Canada.  In  these  papers 
it  appears  that,  besides  encouraging  those  inhabitants  to 
insurrection,  he  speaks  of  two  generals  in  Kentucky  who 
have  proposed  to  him  to  go  and  take  New  Orleans,  if  he 
will  furnish  the  expense,  about  3,000  pounds  sterling. 
He  declines  advancing  it,  but  promises  that  sum  ulti 
mately  for  their  expenses;  proposes  that  officers  shall 
be  commissioned  by  himself  in  Kentucky  and  Louisiana ; 
that  they  shall  rendezvous  out  of  the  territories  of  the 
United  States, — suppose  in  Louisiana,  and  there  making 

up  a  battalion  to  be  called  the of   inhabitants 

of  Louisiana  and  Kentucky,  and  getting  what  Indians 
they  could,  to  undertake  the  expedition  against  New 
Orleans,  and  then  Louisiana  to  be  established  into  an 
independent  State,  connected  in  commerce  with  France 
and  the  United  States;  that  two  frigates  shall  go  into 
the  river  Mississippi,  and  co-operate  against  New  Or 
leans.  The  address  to  Canada  was  to  encourage  them 
to  shake  off  English  yoke,  to  call  Indians  to  their  as 
sistance,  and  to  assure  them  of  the  friendly  dispositions 
of  their  neighbors  of  the  United  States. 

He  said  he  communicated  these  things  to  me,  not  as 
Secretary  of  State,  but  as  Mr.  Jefferson.  I  told  him  that 
his  enticing  officers  and  soldiers  from  Kentucky  to  go 
against  Spain,  was  really  putting  a  halter  about  their 
necks;  for  that  they  would  assuredly  be  hung  if  they 
commenced  hostilities  against  a  nation  at  peace  with 
the  United  States.  That  leaving  out  that  article  I 
did  not  care  what  insurrections  should  be  excited  in 
Louisiana.  He  had  about  a  fortnight  ago  sent  me  a 
communication  for  Michaud  as  consul  of  France  at 


1793  ANAS  of  THOMAS  JEFFERSON.  131 

Kentucky,  and  desired  an  Exequatur.  I  told  him  this 
could  not  be  given,  that  it  was  only  in  the  ports  of  the 
United  States  they  were  entitled  to  consuls,  and  that  if 
France  should  have  a  consul  at  Kentucky,  England  and 
Spain  would  soon  demand  the  same,  and  we  should  have 
all  our  interior  country  filled  with  foreign  agents.  He 
acquiesced,  and  asked  me  to  return  the  commission  and 
his  note,  which  I  did;  but  he  desired  I  would  give  Mi- 
chaud  a  letter  of  introduction  for  Governor  Shelby.  I 
sent  him  one  a  day  or  two  after.  He  now  observes  to 
me  that  in  that  letter  I  speak  of  him  only  as  a  person 
of  botanical  and  natural  pursuits,  but  that  he  wished 
the  Governor  to  view  him  as  something  more,  as  a 
French  citizen  possessing  his  confidence.  I  took  back 
the  letter  and  wrote  another.  See  both. 

July  8th,  1793.  At  a  meeting  at  the  State  House  of 
the  City  of  Philadelphia. 

Present:  the  Secretary  of  State,  the  Secretary  of  the 
Treasury,  the  Secretary  of  War. 

It  appears  that  a  brigantine,  called  the  Little  Sarah, 
has  been  fitted  out  at  the  port  of  Philadelphia,  with  four^ 
Jeen  cannon  and  all  other  equipment,  indicating  that 
she  is  intended  to  cruise  under  the  authority  of  France, 
and  that  she  is  now  lying  in  the  river  Delaware,  at  some 
place  between  this  city  and  Mud  Island ;  that  a  conversa 
tion  has  been  had  between  the  Secretary  of  State  and  the 
Minister  Plenipotentiary  of  France,  in  which  conversa 
tion  the  Minister  refused  to  give  any  explicit  assurance 
that  the  brigantine  would  continue  until  the  arrival  of 
the  President,  and  his  decision  in  the  case,  but  made  de 
clarations  respecting  her  not  being  ready  to  sail  within 
the  time  of  the  expected  return  of  the  President,  from 
which  the  Secretary  of  State  infers  with  confidence,  that 


132  ANAS  of  THOMAS  JEFFERSON.  1793 

she  will  not  sail  till  the  President  will  have  an  oppor 
tunity  of  considering  and  determining  the  case;  that  in 
the  course  of  the  conversation,  the  Minister  declared  that 
the  additional  guns  which  had  been  taken  in  by  the 
Little  Sarah  were  French  property,  but  the  Governor 
of  Pennsylvania  declared  that  he  has  good  ground  to 
believe  that  two  of  her  cannon  were  purchased  here  of 
citizens  of  Philadelphia. 

The  Governor  of  Pennsylvania  asks  advice  what  steps 
under  the  circumstances,  he  shall  pursue? 

The  Secretary  of  the  Treasury  and  the  Secretary  of 
War  are  of  opinion,  that  it  is  expedient  that  immediate 
measures  should  be  taken  provisionally  for  establishing 
a  battery  on  Mud  Island,  under  cover  of  a  party  of  mi 
litia,  with  direction  that  if  the  brig  Sarah  should  attempt 
to  depart  before  the  pleasure  of  the  President  shall  be 
known  concerning  her,  military  coercion  be  employed 
to  arrest  and  prevent  her  progress. 

The  Secretary  of  State  dissents  from  this  opinion. 


Reasons  for  his  Dissent. 

I  am  against  the  preceding  opinion  of  the  Secretaries 
of  the  Treasury  and  War,  for  ordering  a  battery  to  be 
erected  on  Mud  Island,  and  firing  on  the  Little  Sarah, 
an  armed  vessel  of  the  Republic  of  France : 

Because  I  am  satisfied,  from  what  passed  between 
Mr.  Genet  and  myself  at  our  personal  interview  yester 
day,  that  the  vessel  will  not  be  ordered  to  sail  till  the 
return  of  the  President,  which,  by  a  letter  of  this  day's 
post,  we  may  certainly  expect  within  eight  and  forty 
hours  from  this  time. 

Because  the  erecting  a  battery  and  mounting  guns 


1793  ANAS  of  THOMAS  JEFFERSON.  133 

to  prevent  her  passage  might  cause  a  departure  not  now 
intended,  and  produce  the  fact  it  is  meant  to  prevent. 

Because  were  such  battery  and  guns  now  in  readiness 
and  to  fire  on  her,  in  the  present  ardent  state  of  her  crew 
just  in  the  moment  of  leaving  port,  it  is  morally  certain 
that  bloody  consequences  would  follow.  No  one  could 
say  how  many  lives  would  be  lost  on  both  sides,  and  all 
experience  has  shown,  that  blood  once  seriously  spilled 
between  nation  and  nation,  the  contest  is  continued  by 
subordinate  agents,  and  the  door  of  peace  is  shut.  At 
this  moment,  too,  we  expect  in  the  river  twenty  of  their 
ships  of  war,  with  a  fleet  of  from  one  hundred  to  one 
hundred  and  fifty  of  their  private  vessels,  which  will 
arrive  at  the  scene  of  blood  in  time  to  continue  it,  if  not 
to  partake  in  it. 

Because  the  actual  commencement  of  hostilities 
against  a  nation,  for  such  this  act  may  be,  is  an  act  of 
too  serious  consequence  to  our  countrymen  to  be  brought 
on  their  heads  by  subordinate  officers,  not  chosen  by 
them  nor  clothed  with  their  confidence;  and  too  pre 
sumptuous  on  the  part  of  those  officers,  when  the  chief 
magistrate,  into  whose  hands  the  citizens  have  com 
mitted  their  safety,  is  within  eight  and  forty  hours  of  his 
arrival  here,  and  may  have  an  opportunity  of  judging 
for  himself  and  them,  whether  the  buying  and  carrying 
away  two  cannon,  (for  according  to  information,  the 
rest  are  the  nation's  own  property,)  is  sufficient  cause 
of  war  between  Americans  and  Frenchmen. 

Because,  should  the  vessel,  contrary  to  expectation, 
depart  before  the  President's  arrival,  the  adverse  powers 
may  be  told  the  truth  of  the  case :  that  she  went  off  con 
trary  to  what  we  had  a  right  to  expect ;  that  we  shall  be 
justifiable  in  future  cases  to  measure  our  confidence  ac 
cordingly;  that  for  the  present  we  shall  demand  satis- 


134  ANAS  of  THOMAS  JEFFERSON.  1792 

faction  from  France,  which,  with  the  proof  of  good  faith 
we  have  already  given,  ought  to  satisfy  them.  Above  all 
Great  Britain  ought  not  to  complain :  for,  since  the  date 
of  the  order  forbidding  that  any  of  the  belligerent  powers 
should  equip  themselves  in  our  ports  with  our  arms, 
these  two  cannon  are  all  that  have  escaped  the  vigilance 
of  our  officers  on  the  part  of  their  enemies,  while  their 
vessels  have  carried  off  more  than  ten  times  the  number, 
without  any  impediment;  and  if  the  suggestion  be  true 
(and  as  yet  it  is  but  suggestion)  that  there  arc  fifteen 
or  twenty  Americans  on  board  the  Little  Sarah,  who 
have  gone  with  their  own  consent,  it  is  equally  true  that 
more  than  ten  times  that  number  of  Americans  are  at 
this  moment  on  board  English  ships  of  war,  who  have 
been  taken  forcibly  from  our  merchant  vessels  at  sea 
or  in  port,  wherever  met  with,  and  compelled  to  bear 
arms  against  the  friends  of  their  country.  And  is  it 
less  a  breach  of  our  neutrality  towards  France  to  suffer 
England  to  stregthen  herself  with  our  force,  than  to 
wards  England  to  suffer  France  to  do  so?  And  are  we 
equally  ready  and  disposed  to  sink  the  British  vessels  in 
our  ports  by  way  of  reprisal  for  this  notorious  and 
avowed  practice? 

Because  it  is  inconsistent  for  a  nation  which  has  been 
patiently  bearing  for  ten  years  the  grossest  insults  and 
injuries  from  their  late  enemies,  to  rise  at  a  feather 
against  their  friends  and  benefactors ;  and  that,  too,  in  a 
moment  when  circumstances  have  kindled  the  most 
ardent  affections  of  the  two  people  towards  each  other; 
when  the  little  subjects  of  displeasure  which  have  arisen 
are  the  acts  of  a  particular  individual,  not  yet  important 
enough  to  have  been  carried  to  his  government  as  causes 
of  ccmplaint;  are  such  as  nations  of  moderation  and 
justice  settle  by  negotiation,  not  making  war  their  first 


1793  ANAS  of  THOMAS  JEFFERSON.  135 

step;  are  such  as  that  government  would  correct  at  a 
word,  if  we  may  judge  from  the  late  unequivocal  demon 
strations  of  their  friendship  towards  us;  and  are  very 
slight  shades  of  the  acts  committed  against  us  by  Eng 
land,  which  we  have  been  endeavoring  to  rectify  by 
negotiation,  and  on  which  they  have  never  conde 
scended  to  give  any  answer  to  our  minister. 

Because  I  would  not  gratify  the  combination  of  kings 
with  the  spectacle  of  the  two  only  republics  on  earth 
destroying  each  other  for  two  cannon;  nor  would  I,  for 
infinitely  greater  cause,  add  this  country  to  that  com 
bination,  turn  the  scale  of  contest,  and  let  it  be  from  our 
hands  that  the  hopes  of  man  received  their  last  stab. 

It  has  been  observed  that  a  general  order  has  been 
already  given  to  stop  by  force  vessels  arming  contrary 
to  rule  in  our  ports,  in  which  I  concurred.  I  did  so  be 
cause  it  was  highly  presumable  that  the  destination  of 
such  a  vessel  would  be  discovered  in  some  early  stage, 
when  there  would  be  few  persons  on  board,  these  not 
yet  disposed  nor  prepared  to  resist,  and  a  small  party  of 
militia  put  aboard  would  stop  the  procedure  without  a 
marked  infraction  of  the  peace.  But  it  is  a  much  more 
serious  thing  when  a  vessel  has  her  full  complement  of 
men,  (here  said  to  be  one  hundred  and  twenty,)  with 
every  preparation  and  probably  with  disposition  to  go 
through  with  their  enterprise.  A  serious  engagement  is 
then  a  certain  consequence.  Besides,  an  act  of  force 
committed  by  an  officer  in  a  distant  port,  under  general 
orders,  given  long  ago,  to  take  effect  on  all  cases,  and 
with  less  latitude  of  discretion  in  him,  would  be  a  much 
more  negotiable  case  than  a  recent  order,  given  by  the 
general  government  itself  (for  that  is  the  character  we 
are  to  assume)  on  the  spot,  in  the  very  moment,  pointed 
at  this  special  case,  professing  full  discretion  and  not 


136  ANAS  of  THOMAS  JEFFERSON.         1793 

using  it.  This  would  be  a  stubborn  transaction,  not 
admitting  those  justifications  and  explanations  which 
might  avert  a  war,  or  admitting  such  only  as  would  be 
entirely  humiliating  to  the  officers  giving  the  order,  and 
to  the  government  itself. 

On  the  whole,  respect  to  the  chief  magistrate,  respect 
to  our  countrymen,  their  lives,  interests,  and  affection, 
respect  to  a  most  friendly  nation,  who,  if  we  give  them 
the  opportunity,  will  answer  our  wrongs  by  correcting 
and  not  by  repeating  them  ;  respect  to  the  most  sacred 
cause  that  ever  man  was  engaged  in,  poising  maturely 
the  evils  which  may  flow  from  the  commitment  of  an 
act  which  it  would  be  in  the  power  and  probably  in  the 
temper  of  subordinate  agents  to  make  an  act  of  con 
tinued  war,  and  those  which  may  flow  from  an  eight  and 
forty  hours  suspension  of  the  act,  are  motives  with  me 
for  suspending  it  eight  and  forty  hours,  even  should  we 
thereby  lose  the  opportunity  of  committing  it  alto 
gether. 


July  Wth,  1793.  The  Secretary  of  the  Treasury  hav 
ing  communicated  to  General  Knox  and  myself,  that 
he  had  been  informed  that  the  Little  Sarah  had  much 
augmented  her  arms  and  was  greatly  advanced  in  her 
preparations,  we  concurred  in  opinion,  that  the  governor 
should  be  desired  to  have  a  rc-exarnin.ation  cf  the  fact. 
It  was  done,  and  a  report  made,  that  she  had  enter 
ed  the  port  with  only  four  guns,  and  now  had  fourteen. 
The  next  day,  being  Sunday  the  7th  ..  instant,  I  re 
ceived  a  letter  from  the  governor  (of  Pennsylvania)  by 
express,  informing  me,  that  he  understood  she  would 
sail  that  day.  I  went  instantly  to  town.  He  told 
me  he  had  received  the  intelligence  the  night  before, 
and  had  sent  Mr.  Dallas  at  midnight  to  Mr.  Genet. 


1793  ANAS  of  THOMAS  JEFFERSON.  137 

Mr.  Dallas  told  me,  that,  on  his  proposing  the  subject 
of  detaining  the  vessel,  he  flew  into  a  great  passion, 
talked  extravagantly,  and  concluded  by  refusing  to 
order  the  vessel  to  stay. 

As  the  Governor  had  sent  for  General  Knox  also,  I 
told  him  I  would  in  the  meantime  go  to  M.  Genet  and 
speak  with  him  on  the  subject.  I  went.  On  his  com 
ing  into  the  room  I  told  him  I  had  called  on  the  subject 
of  the  Little  Sarah]  that  our  information  was,  that  she 
was  armed  contrary  to  the  decision  of  the  President, 
which  had  been  communicated  to  him,  and  that  she 
would  sail  that  day;  and  I  requested  that  he  would 
detain  her  till  we  could  inquire  into  the  fact,  and  lay  it 
before  the  President,  who  would  be  here  on  Wednesday. 

He  took  up  the  subject  instantly  in  a  very  high  tone, 
and  went  into  an  immense  field  of  declamation  and  com 
plaint.  I  found  it  necessary  to  let  him  go  on,  and  in 
fact  could  do  no  otherwise;  for  the  few  efforts  which  I 
made  to  take  part  in  the.  conversation  were  quite  in 
effectual.  It  is  impossible  for  me  to  state  the  particu 
lars  of  what  he  said.  Such  of  the  general  topics  as  I 
can  now  recollect  were  these.  He  charged  us  with  hav 
ing  violated  the  treaties  between  the  two  nations,  and 
so  went  into  the  cases  which  had  before  been  subjects 
of  discussion;  complained  that  we  suffered  our  flag  to 
be  insulted  and  disregarded  by  the  English;  that  they 
stopped  all  our  vessels,  and  took  out  of  them  whatever 
they  suspected  to  be  French  property;  that  they  had 
taken  all  the  provisions  he  had  embarked  in  American 
vessels  for  the  colonies ;  that  if  we  were  not  able  to  pro 
tect  their  vessels  in  our  ports,  nor  their  property  on  the 
high  seas,  we  ought  to  permit  them  to  protect  it  them 
selves;  that  they,  on  the  contrary,  paid  the  highest 
respect  to  out  flag;  that,  though  it  was  notorious  that 


1  38  ANAS  of  THOMAS  JEFFERSON.  1793 

most  of  the  cargoes  sent  from  America  were  British 
propel  ty,  yet,  being  in  American  vessels,  or  pretended 
American  vessels,  they  never  touched  it,  and  thus  had 
no  chance  of  retaliating  on  their  enemies,  that  he  had 
been  thwarted  and  opposed  in  everything  he  had  had  to 
do  with  the  government;  that  he  found  himself  in  so 
disagreeable  a  situation,  that  he  sometimes  thought  of 
packing  up  and  going  away,  as  he  found  he  could  not 
be  useful  to  his  nation  in  anything. 

He  dwelt  on  the  friendly  propositions  he  brought  from 
his  nation,  on  the  instructions  and  dispositions  with 
which  he  came  to  do  whatever  would  gratify  us ;  that  to 
such  propositions  such  a  return  ought  not  to  have  been 
made  by  the  executive  without  consulting  Congress; 
and  that,  on  the  return  of  the  President,  he  would  cer 
tainly  press  him  to  convene  Congress.  He  had  by  this 
time  got  into  a  moderate  tone,  and  I  stopped  him  at  the 
subject  of  calling  Congress,  explained  our  constitution 
to  him,  as  having  divided  the  functions  of  government 
among  three  different  authorities,  the  executive,  legis 
lative,  and  judiciary,  each  of  which  were  (was)  supreme 
in  all  questions  belonging  to  their  (its)  departments, 
and  independent  of  the  others;  that  all  the  questions 
which  had  arisen  between  him  and  us,  belonged  to  the 
executive  department,  and,  if  Congress  were  sitting, 
could  not  be  carried  to  them,  nor  would  they  take  notice 
of  them. 

He  asked  if  they  were  not  the  sovereign.  I  told  him 
so ;  they  were  sovereign  in  making  laws  only,  the  execu 
tive  was  sovereign  in  executing  them,  and  the  judiciary 
in  construing  them  where  they  related  to  their  depart 
ment.  "But,"  said  he,  "at  least,  Congress  are  bound 
to  see  that  the  treaties  are  observed."  1  told  him  no; 
there  were  very  few  cases  indeed  arising  out  of  treaties, 


1793  ANAS  of  THOMAS  JEFFERSON.  139 

which  they  could  take  notice  of ;  that  the  President  is  to 
see  that  treaties  are  observed.  "If  he  decides  against 
a  treaty,  to  whom  is  a  nation  to  appeal?"  I  told  him 
the  constitution  had  made  the  President  the  last  appeal. 
He  made  me  a  bow,  and  said,  that  indeed  he  would  not 
make  me  his  compliments  on  such  a  constitution,  ex 
pressed  the  utmost  astonishment  at  it,  and  seemed  never 
before  to  have  had  such  an  idea. 

He  was  now  come  into  perfect  good  humor  and  cool 
ness,  in  which  state  he  may  with  the  greatest  freedom 
be  spoken  with.  I  observed  to  him  the  impropriety  of 
his  conduct  in  persevering  in  measures  contrary  to  the 
will  of  the  government,  and  that  too  within  its  limits, 
wherein  unquestionably  they  had  a  right  to  be  obeyed. 
"But,"  said  he,  "I  have  a  right  to  expound  the  treaty 
on  our  side."  "Certainly,"  said  I,  "each  party  has  an 
equal  right  to  expound  treaties.  You,  as  agent  of  your 
nation,  have  a  right  to  bring  forward  your  exposition, 
to  support  it  by  reasons,  to  insist  on  it,  to  be  answered 
with  the  reasons  for  our  exposition  where  it  is  contrary ; 
and  when,  after  hearing  and  considering  your  reasons 
the  highest  authority  in  the  nation  has  decided,  it  is  your 
duty  to  say  you  think  the  decision  wrong,  that  you  can 
not  take  upon  yourself  to  admit  it,  and  will  represent 
it  to  your  government  to  do  as  they  think  proper;  but 
in  the  meantime,  you  ought  to  acquiesce  in  it,  and  to  do 
nothing  within  our  limits  contrary  to  it." 

He  was  silent  as  to  this,  and  I  thought  was  sensible 
it  was  right.  I  brought  him  to  the  point  of  the  Little 
Sarah,  and  pressed  his  detaining  of  her  till  the  Presi 
dent's  return.  "Why  detain  her?"  said  he.  "Be 
cause,"  said  I,  "she  is  reported  to  be  armed  with  guns 
acquired  here."  He  said  the  guns  were  all  French 
property,  and  surely  we  did  not  pretend  to  control  them 


140  ANAS  of  THOMAS  JEFFERSON.  1793 

in  the  disposal  of  their  own  property ;  that  he  could  name 
to  me  the  French  vessels  from  which  he  had  taken  every 
gun.  I  told  him  I  would  be  obliged  to  him  for  any  evi 
dence  of  that  fact  with  which  he  would  furnish  me,  and 
repeated  my  request  to  detain  the  vessel.  He  was  em 
barrassed  and  unwilling.  He  said  he  should  not  be 
justified  in  detaining  her.  I  told  him  it  would  be  con 
sidered  a  very  serious  offence  indeed  if  she  should  go 
away;  that  the  government  was  determined  on  that 
point,  and,  thinking  it  was  right,  would  go  through  with 
it. 

After  some  hesitation  he  Said  he  could  not  make  any 
promise,  it  would  be  out  of  his  duty,  but  that  he  was  very 
happy  in  being  able  to  inform  me  that  the  vessel  was  not 
in  readiness,  and  therefore  could  not  sail  that  day.  I 
asked  him  if  I  might  rely,  that  she  would  not  be  ready 
to  sail  before  the  return  of  the  President.  He  then 
spoke  of  her  unreadiness  indefinitely  as  to  time,  said  she 
had  many  things  to  do  yet,  and  would  not  be  ready  for 
some  time,  he  did  not  know  when.  And  whenever  I 
tried  to  fix  it  to  the  President's  return  he  gave  the  same 
answer,  that  she  would  not  be  ready  for  some  time,  but 
with  the  look  and  gesture,  which  showed  he  meant  I 
should  understand  she  would  not  be  gone  before  that 
time.  "But,"  said  he,  "she  is  to  change  her  position 
and  fall  down  the  river  today;  but  she  will  not  depart 
yet."  "What,"  said  I,  "will  she  fall  down  to  the  lower 
end  of  the  town?"  "I  do  not  exactly  know  where," 
said  he,  "but  somewhere  there  for  convenience  of  get 
ting  ready  some  things;  but  let  me  beseech  you  not  to 
permit  any  attempt  to  put  men  on  board  of  her.  She 
is  filled  with  high-spirited  patriots,  and  they  will  un 
questionably  resist;  and  there  is  no  occasion,  for  I  tell 
you  bhe  will  not  be  ready  to  depart  for  some  time." 


u 


1793  ANAS  of  THOMAS  JEFFERSON.  141 

I  told  him  then  I  would  take  it  for  granted  she  would 
not  be  ready  before  the  President's  return,  that  in  the 
meantime  we  would  have  inquiries  made  into  the  facts, 
and  would  thank  him  for  information  on  the  subject,  and 
that  I  would  take  care  that  the  case  should  be  laid  be 
fore  the  President  the  day  after  his  return.  He  prom 
ised  to  give  me  a  state  of  facts  the  next  day. 

I  then  returned  to  the  governor,  told  him  what  had 
passed,  and  that  I  was  satisfied,  that,  though  the  vessel 
was  to  fall  somewhere  down  the  river,  she  would  not 
sail.  He  thereupon  ordered  the  militia  to  be  dismissed. 

On  repeating  to  him  and  Mr.  Dallas  what  M.  Genet 
had  said  we  found  it  agreed  in  many  particulars  with 
what  he  had  said  to  Mr.  Dallas;  but  Mr.  Dallas  men 
tioned  some  things  which  he  had  not  said  to  ine,and 
particularly  his  declaration  that  he  would  appeal  from 
the  President  to  the  people.  He  did,  in  some  part  of  his 
declamation  to  me,  drop  the  idea  of  publishing  a  narra 
tive  or  statement  of  transactions ;  but  he  did  not  on  that, 
nor  ever  did  on  any  other  occasion  in  my  presence,  use 
disrespectful  expressions  of  the  President.  He,  from  a 
very  early  period,  showed  that  he  believed  there  existed 
here  an  English  party,  and  ascribed  to  their  misinforma 
tions,  industry,  and  manoeuvres  some  of  the  decisions  of 
the  executive.  He  is  not  reserved  on  this  subject.  He 
complains  of  the  partiality  of  the  information  of  those 
employed  by  government,  who  never  let  a  single  move 
ment  of  a  French  vessel  pass  unnoticed,  nor  ever  inform 
of  an  English  one  arming,  or  not  till  it  is  too  late  to  stop 
her. 

The  next  day,  Monday,  I  met  the  Secretaries  of  the 
Treasury  and  War  in  the  governor's  office.  They  pro 
posed  our  ordering  a  battery  to  be  erected  on  Mud  Is 
land  immediately,  guns  to  be  mounted,  to  fire  on  the 


142  A/VAS  of  THOMAS  JEFFERSON.  1793 

vessel  and  even  sink  her  if  she  attempted  to  pass.  I 
refused  to  concur  in  the  order,  for  reasons  assigned  in 
another  (the  preceding)  paper.  The  vessel  was  then  at 
Gloucester  Point.  Whether  any  intention  of  this  pro 
position  got  out,  I  do  not  know,  but  she  very  soon  after 
fell  down  to  Chester.  On  a  suggestion,  that  there  were 
fifteen  or  twenty  Americans  on  board,  we  desired  Mr. 
Rawle  to  take  measures  to  prosecute  them. 


A   recapitulation  of  questions  whereon  we   have  given 
opinions. 

Does  the  treaty  with  France  leave  us  free  to  prohibit 
her  from  arming  vessels  in  our  ports?  Thomas  Jeffer 
son,  Hamilton,  Knox,  and  Randolph  unanimous  it 
does.  As  the  treaty  obliges  us  to  prohibit  the  enemies 
of  France  from  arming  in  our  ports,  and  leaves  us  free  to 
prohibit  France,  do  not  the  laws  of  neutrality  oblige  us 
to  prohibit  her?  Same  persons  answer  they  do. 

How  far  may  a  prohibition  now  declared  be  retro 
spective  to  the  vessels  armed  in  Charleston  before  the 
prohibition,  to  wit,  the  Citoyen  Genet  and  Sans  Culottes, 
and  what  is  to  be  done  with  these  prizes?  Thomas  Jeffer- 
so, — It  cannot  be  retrospective  at  all;  they  may  sell 
their  prizes,  and  continue  to  act  freely  as  other  armed 
vessels  of  France.  Hamilton  and  Knox, — The  prizes 
ought  to  be  given  up  to  the  English,  and  the  privateers 
suppressed.  Randolph, — They  are  free  to  sell  their 
prizes,  and  the  privateers  should  be  ordered  away,  not 
to  return  here  till  they  shall  have  been  to  the  dominions 
of  their  own  sovereign,  and  thereby  purged  the  illegality 
of  their  origin.  This  last  opinion  was  adopted  by  the 
President. 


1793  ANAS  of  THOMAS  JEFFERSON.  143 

Our  citizens  who  have  joined  in  these  hostilities  against 
nations  at  peace  with  the  United  States,  are  they  pun 
ishable?  E.  Randolph  gave  an  official  opinion  they 
were.  Thomas  Jefferson,  Hamilton,  and  Knox  joined 
in  the  opinion.  All  thought  it  our  duty  to  have  prose 
cutions  instituted  against  them,  that  the  laws  might 
pronounce  on  their  case.  In  the  first  instance,  two  only 
were  prosecuted  merely  to  try  the  question,  and  to  sat 
isfy  the  complaint  of  the  British  minister ;  and  because 
it  was  thought  they  might  have  offended  unwittingly. 
But  a  subsequent  armament  of  a  vessel  at  New  York 
taking  place  with  full  knowledge  of  this  prosecution, 
all  the  persons  engaged  in  it,  citizens  and  foreigners, 
were  ordered  to  be  prosecuted. 

May  the  prohibition  extend  to  the  means  of  the  party 
arming,  or  are  they  only  prohibited  from  using  our  means 
for  the  annoyance  of  their  enemies?  Thomas  Jefferson 
of  opinion  they  are  free  to  use  their  own  means,  i,  e.,  to 
mount  their  own  guns,  &c.  Hamilton  and  Knox  of 
opinion  they  are  not  to  put  even  their  own  implements  or 
means  into  a  posture  of  annoyance.  The  President  has 
as  yet  not  decided  this. 

May  an  armed  vessel  arriving  here  be  prohibited  to 
employ  their  own  citizens  found  here  as  seamen  or 
mariners?  Thomas  Jefferson, — They  cannot  be  pro 
hibited  to  recruit  their  own  citizens.  Hamilton  and 
Knox, — They  may  and  ought  to  be  prohibited.  No 
decision  yet  by  the  President. 

It  appears  to  me  the  President  wished  the  Little  Sarah 
had  been  stopped  by  military  coercion,  that  is,  by  firing 
on  her ;  yet  I  do  not  belive  he  would  have  ordered  it  him 
self  had  he  been  here,  though  he  would  be  glad  if  we  had 
ordered  it. 

The  United  States  being  a  ship-building  nation,  may 


144  ANAS  o]  THOMAS  JEFFERSON.  1793 

they  sell  ships,  prepared  for  war,  to  both  parties? 
Thomas  Jefferson, — They  may  sell  such  ships  in  their 
ports  to  both  parties,  or  carry  them  for  sale  to  the  do 
minions  of  both  parties.  E.  Randolph  of  opinion  they 
could  not  sell  them  here ;  and  that  if  they  attempted  to 
carry  them  to  the  dominions  of  the  parties  for  sale,  they 
might  be  seized  by  the  way  as  contraband.  Hamilton 
of  same  opinion,  except  that  he  did  not  consider  them  as 
seizable  for  contraband,  but  as  the  property  of  a  power 
making  itself  a  party  in  the  war  by  an  aid  of  such  a 
nature,  and  consequently  that  it  would  be  a  breach  of 
neutrality. 

Hamilton  moves  that  the  government  of  France  be 
desired  to  recall  Mr.  Genet.  Knox  adds  that  he  be  in 
the  meantime  suspended  from  his  functions.  Thomas 
Jefferson  proposes  that  his  correspondence  be  com 
municated  to  his  government,  with  friendly  observa 
tions.  President  silent.* 

July  15th.  Thomas  Jefferson,  Hamilton  and  Knox 
met  at  the  President's.  Governor  Mifflin  had  applied 
to  Knox  for  the  loan  of  four  cannon  to  mount  at  Mud 
Island.  He  informed  him  he  should  station  a  guard  of 
thirty-five  militia  there,  and  asked  what  arrangement 
for  rations  the  general  government  had  taken.  Knox 
told  him  nothing  could  be  done  as  to  rations,  and  he 
would  ask  the  President  for  the  cannon.  In  the  mean 
time,  he  promised  him  to  put  the  cannon  on  board  a 
boat,  ready  to  send  off  as  soon  as  permission  was  ob 
tained.  The  President  declared  his  own  opinion  first 
and  fully,  that  when  the  orders  were  given  to  the  govern 
ment  to  stop  vessels  arming,  &c.,  in  our  ports,  even  by 


*This  is  committed  to  writing  the  morning  of  the  i3th  of  July,  i.  e.,  the 
whole  page.  T.  J. 


1793  ANAS  of  THOMAS  JEFFERSON.  145 

military   force,     he   took   for     granted     the    governors 
would  use  such  diligence  as  to  stop  those  projects  in 
embryo,  and  stop  them  when  no  force  was  requisite,  or 
a  very  small  party  of  militia  would  suffice ;  that  here  was 
a  demand  from  the  governo  -  of  Pennsylvania  to  land 
four  cannon  under  pretext  of  executing  orders  of  the 
general  government;  that  if  this  was  granted,  we  should 
be  immediately  applied  to  by  every  other  governor,  and 
that  not  for  one  place  only,   but  for  several,  and  our 
cannon  would  be  dispersed  all  over  the  United  States; 
that  for  this  reason  we  had  refused   the   same  request  to 
the  governors  of  South  Carolina,  Virginia,  and  Rhode 
Island;  that  if  they  erected  batteries,  they  must  estab 
lish  men  for  them,  and  would  come  on  us  for  this  too. 
He  did  not  think  the  Executive  had  a  power  to  establish 
permanent  guards :  he  had  never  looked  to  anything  per 
manent  when  the  orders  were  given  to  the  governors, 
but  onlv  an  occasional  call  on  small  parties  of  militia 
in  the  moments  requiring  it.     These  sentiments  were 
so  entirely  my  own,  that  I  did  little  more  than  combat 
on   the   same   grounds   the   opinions   of   Hamilton   and 
Knox.     The  latter  said  he  would  be  ready  to  lend  an 
equal  number  to  every  government  to  carry  into  effect 
orders  of  such  importance ;  and  Hamilton,  that  he  would 
be  willing  to  lend  them  in  cases  where  they  happened  to 
be  as  near  the  place  where  they  were  to  be  mounted. 

Hamilton  submitted  the  purchase  of  a  large  quantity 
of  salt-petre,  which  would  outrun  the  funds  destined  to 
objects  of  that  class  by  Congress.  We  were  unanimous 
we  ought  to  venture  on  it,  and  to  the  procuring  supplies 
of  military  stores  in  the  present  circumstances,  and  take 
on  us  the  responsibility  to  Congress,  before  whom  it 
should  be  laid. 

The  President  was  fully  of  the  same  opinion. 


146  ANAS  of  THOMAS  JEFFERSON.  1793 

In  the  above  case  of  the  cannon,  the  President  gave  no 
final  order  while  I  remained;  but  I  saw  that  he  was  so 
impressed  with  the  disagreeableness  of  taking  them  out 
of  the  boat  again,  that  he  would  yield.  He  spoke  sharp 
ly  to  Knox  for  having  put  them  in  that  position  without 
consulting  him,  and  declared  that,  but  for  that  circum 
stance,  he  would  not  have  hesitated  one  moment  to  re 
fuse  them. 

July  18th.,  1793.  At  a  meeting  at  the  President's  Gen. 
Knox  tells  us  Governor  Blount  (now  in  town)  has  in 
formed  him  that  when  Mr.  Florence  was  in  France,certain 
members  of  the  executive  Council  enquired  of  him  what 
were  the  dispositions  of  Cumberland  settlement,  etc.,  to 
wards  Spain?  Mr.  Florence  told  them  unfriendly.  They 
offered  him  a  commission  to  embody  troops  there,  to  give 
him  a  quantity  of  blank  commissions  to  be  filled  up  by 
him  making  officers  of  the  Republic  of  France,  those 
who  should  command  and  undertake  to  pay  the  ex 
penses. 

Mr.  Florence  desired  his  name  might  not  be  used' 
Blount  added  that  Mr.  Florence  while  in  France  pre 
tended  to  be  a  great  friend  to  their  revolution  though 
an  enemy  to  it  in  his  heart. 

Eodem  die,.  Lear  calls  on  me,  I  told  him  that  Irv~ 
ing,  an  Irishman,  and  a  writer  in  the  treasury,  who  on 
a  former  occasion,  had  given  the  most  decisive  proofs 
of  his  devotion  to  his  principal,  was  the  author  of  the 
pieces  signed  Veritas;  and  I  wished  he  could  get  at  some 
of  Irving's  acquaintances  and  infoim  himself  of  the  fact, 
as  the  person  who  told  me  of  it  would  not  permit  the 
name  of  his  informer  to  be  mentioned;  (Note. — Beckley 
told  me  of  it,  and  he  had  it  from  Swaine,  the  printer  to 


1793  ANAS  of  THOMAS  JEFFERSON.  147 

whom  the  pieces  were  delivered;)  that  I  had  long  before 
suspected  this  excessive  foul  play  in  that  party,  of  writ 
ing  themselves  in  the  character  of  the  most  exaggerated 
democrats,  and  incorporating  with  it  a  great  deal  of 
abuse  on  the  President,  to  make  him  believe  it  was  that 
party  who  were  his  enemies,  and  so  throw  him  entirely 
into  the  scale  of  the  monocrats.  Lear  said  he  no  longer 
ago  than  yesterday,  expressed  to  the  President  his  sus 
picions  of  the  artifices  of  that  party  to  work  on  him. 
He  mentioned  the  following  fact  as  a  proof  of  their 
writing  in  the  character  of  their  adversaries;  to  wit,  the 
day  after  the  little  incident  of  Richet's  toasting  "the 
man  of  the  people/'  (see  the  gazettes,)  Mrs.  Washington 
was  at  Mrs.  Powel's,  who  mentioned  to  her  that  when 
the  toast  was  given,  there  was  a  good  deal  of  disappro 
bation  appeared  in  the  audience,  and  that  many  put 
on  their  hats  and  went  out;  on  inquiry,  he.  had  not 

found  the  fact  true,  and  yet  it  was  put  into 's 

paper,  and  written  under  the  character  of  a  republican, 
though  he  is  satisfied  it  is  altogether  a  slander  of  the 
monocrats.  He  mentioned  this  to  the  President,  but 
he  did  not  mention  to  him  the  following  fact,  which  he 
knows,  that  in  New  York,  the  last  summer,  when  the 
parties  of  Jay  and  Clinton  were  running  so  high,  it  was 
an  agreed  point  with  the  former,  that  if  any  circum 
stances  should  ever  bring  it  to  a  question,  whether  to 
drop  Hamilton  or  the  President,  they  had  decided  to 
drop  the  President.  He  said  that  lately  one  of  the 
loudest  pretended  friends  to  the  government,  damned 
it,  and  said  it  was  good  for  nothing,  that  it  could  not 
support  itself,  and  it  was  time  to  put  it  down  and  set.  up 
a  better;  and  yet  the  same  person,  in  speaking  to  the 
President,  puffed  of  that  party  as  the  only  friends  to 
the  government.  He  said  he  really  feared,  that  by  their 


148  ANAS  of  THOMAS  JEFFERSON.  1793 

artifices  and  industry,  they  would  aggravate  the  Presi 
dent  so  much  against  the  republicans,  as  to  separate 
him  from  the  body  of  the  people.  I  told  him  what  the 
same  cabals  had  decided  to  do,  if  the  President  had  re 
fused  his  assent  to  the  bank  bill;  also  what  Brockhurst 

Livingston  said  to ,  that  Hamilton's  life  was 

much  more  precious  to  the  community  than  the  Presi 
dent's. 

July  21st,  1793:  At  Dr.  Logan's  today  Genet  told  us 
that  Colonel  Hamilton  had  never  in  a  single  instance  ad 
dressed  a  letter  to  him  as  the  Minister  of  the  republic  of 
France,  but  always  as  the  Minister  of  France. 

July  23rd,  1793.  A  meeting  at  the  President's  of  the 
three  heads  of  departments  and  E.  Randolph. 

Genet  had  told  me  about  a  fortnight  ago  that  he  had 
come  here  with  instructions  to  let  all  his  contracts  to 
the  lowest  bidder  of  sufficient  ability,  that  he  had  been 
privately  admonished  however  at  the  same  time  by 
some  individuals  who  had  been  in  America  that,  if  he 
meant  to  succeed,  he  must  put  his  contracts  into  the 
hands  of  Robert  Morris,  £c.,  who  were  all-powerful 
in  the  government.  That  he  paid  little  regard  to  this 
and  pursuing  vigorously  the  plan  of  his  instructions  he 
had  failed,  as  I  knew,  meeting  to  every  proposition  for 
obtaining  money,  the  decided  opposition  of  the  Secretary 
of  the  Treasury.  Knowing  as  I  did  how  decidedly  the 
Secretary  of  the  Treasury  had  been  against  every,  the 
smallest  advance  beyond  what  was  actually  exigible, 
and  even  for  a  day,  I  was  attentive  to  him.  He  con 
tinued,  that  he  had  now  found  out  that  if  he  would  put 
the  contract  into  the  hands  of  Mr.  Hamilton's  friends 
he  could  get  money.  That  he  had  already  been  in  treaty 


1793  ANAS  of  THOMAS  JEFFERSON.         149 

with   Cunningham  and   Nesbit,  had  agreed  with  them 

on  terms  mutually  acceptable  though  not  as  good  as  in 

.  the  way  pointed  out  in  his  instructions, 

?  and  that  Mr.  Hamilton  had  also  agreed, 

statement.  .         .  ' 

tnoagn  it  was  not  yet  in  writing.    I  could 

not  help  saying  "are  you  sure  Colonel  Hamilton  is 
agreed.  I  think  it  impossible."  I  am  sure  says  he, 
and  you  shall  see.  Accordingly  at  this  meeting  Colonel 
Hamilton  proposes  to  agree  to  pay  the  orders  of  Mr. 
Genet  to  the  amount  of  the  installments  of  this  year, 
that  is  today,  to  note  at  the  treasury  those  orders  as 
presented,  and  to  say  to  the  persons  that  such  a  sum  will 
be  paid  at  the  day  of  the  installment  and  he  presented  a 
letter  ready  cut  and  dry  for  the  purpose.  The  President 
came  into  it  at  once,  on  account  of  the  distress  of  the 
refugees  from  St.  Domingo,  for  whom  some  of  it  was  to 
be  used.  Knox  asked  no  other  question  than  whether 
it  was  convenient  to  the  treasury.  I  agreed  to  it  on  my 
old  ground,  that  I  had  no  objection  to  an  advance.  E. 
Randolph  alone  was  afraid,  and  insisted  the  Secretary 
of  the  Treasury  should  present  a  written  paper  to  each 
holder  of  a  bill  letting  them  see  that  we  would  pay  for 
the  government  oj  France  on  such,  a  day  such  a  sum,  so 
that  if  a  counter-revolution  should  take  place  between 
this  and  the  day  (to  wit,  some  day  in  September  and 
another  in  November)  in  time  to  be  known  here,  we 
should  not  be  held  to  pay  to  the  holder  but  to  the  new 
government.  Hamilton  agreed  to  arrange  this  with  E. 
Randolph  which  in  private  he  will  easily  do. 

At  this  meeting  (E.  Randolph  being  called  away  on 
business)  I  proposed  an  answer  to  Genet's  letter  of  July 
9th  on  French  property  taken  by  the  English  in  Ameri 
can  bottoms,  which  was  agreed  to  in  toto.  Also  an 
answer  to  his  letter  of  June  14th  covering  protests  of 


150  ANAS  of  THOMAS  JEFFERSON.  1793 

consuls  about  Admiralty  courts  arresting  their  prizes. 
To  this  it  was  thought  some  additions  were  necessary, 
and  particularly  Knox  proposed  some  notice  should  be 
taken  of  the  expressions  towards  the  President  per 
sonally.  So  it  was  referred  to  another  day.  The 
President  mentioned  that  we  must  shortly  determine 
what  was  to  be  done  with  Mr.  Genet,  that  in  his  own 
opinion  his  whole  correspondence  should  be  sent  to  G. 
Morris  with  a  temperate  bat  strong  representation  of  his 
conduct,  drawing  a  clear  line 'between  him  and  his  na 
tion,  expressing  our  friendship  to  the  latter,  but  in 
sisting  on  the  recall  of  Genet,  and  in  the  meantime  that 
we  should  desire  him  either  to  withdraw  or  cease  his 
functions.  Hamilton  hereon  made  a  long  speech  ex 
horting  the  President  to  firmness,  representing  that  we 
were  now  in  a  crisis  whereon  the  continuance,  of  the 
government  or  it's  overthrow  by  a  faction  depended, 
that  we  were  still  in  time  to  give  the  tone  to  the  public 
mind  by  laying  the  whole  proceedings  before  them,  and 
that  this  should  be  done  in  addition  to  what  he  had  pro 
posed  :  that  as  yet  the  great  body  of  the  people  could  be 
kept  on  the  right  side  by  proper  explanations,  but  that 
if  we  let  the  incendiaries  go  on,  they  would  soon  have 
taken  sides  with  them.  Knox  told  some  little  stories 
to  aggravate  the  President,  to  wit,  that  Mr.  King  had 
told  him,  that  a  lady  had  told  him,  that  she  heard  a 
gentleman  say  that  the  President  was  as  great  a  tyrant 
as  any  of  them,  and  that  it  would  soon  be  time  to  chase 
him  out  of  the  city.  That  Mr.  Stagg  lately  from  New 
York  had  told  him  that  the  St.  Tammany  society  now 
had  meetings  to  the  number  of  500  persons,  and  that 
Consul  Hauterive  appeared  to  be  very  intimate  with 
them.  The  President  also  desired  us  to  reflect  on  the 
question  of  calling  Congress. 


1793  ANAS  of  TOHMAS  JEFFERSON.  151 

Hamilton  and  Knox  told  the  President  they  had 
extorted  from  Beach  a  confession  that  Pascal  (one  of 
the  secretaries  of  Genet)  sent  him  the  queries  inserted 
in  his  paper  two  or  three  days  ago  and  to  one  of  which 
the  Viscount  Noailles  gave  the  lie  in  the  paper  of  today. 
He  said  Talon  had  never  been  but  twice  to  his  house, 
which  was  to  public  dinners,  and  that  he  had  dined  once 
with  Talon,  in  a  large  company. 

Note  given  to  the  President  relative  to  Genet. 

July  2C>th,  1793.  Mr.  Genet's  declaration  to  the  Pres 
ident  at  his  reception,  that  France  did  not  wish  to  en 
gage  the  United  States  in  the  present  war  by  the  clause 
of  guarantee,  but  left  her  free  to  pursue  her  own  happi 
ness  in  peace,  has  been  repeated  to  myself  in  conver 
sation,  and  to  others,  and  even  in  a  public  answer,  so  as 
to  place  it  beyond  question. 

Some  days  after  the  reception  of  Mr.  Genet  (which 
was  May  17th),  I  went  to  his  house  on  business.  The 
Attorney  General  went  with  me  to  pay  his  first  visit. 
After  he  withdrew,  Mr.  Genet  told  me  Mr.  Ternant  had 
delivered  him  my  letter  of  May  15th  on  the  four  me 
morials  of  Mr.Hammond.  He  said  something  first  of  the 
case  of  the  Grange,  and  then  of  the  vessels  armed  at 
Charleston.  He  said  that  on  his  arrival  there,  he  was  sur 
rounded  suddenly  by  Frenchmen  full  of  zeal  for  their 
country,  pressing  for  authority  to  arm  with  their  own 
means  for  its  assistance:  that  they  would  fit  out  their 
own  vessels,  provide  everything,  man  them,  and  only 
ask  a  commission  from  him;  that  he  asked  the  opinion 
of  Governor  Moultrie  on  the  subject,  who  said  he  knew 
no  law  to  the  contrary,  but  begged  that  whatever  was  to 
be  done,  might  be  done  without  consulting  him:  that 


150  ANAS  of  THOMAS  JEFFERSON.  1793 

he  must  know  nothing  of  it,  &c. :  that  hereupon  he  gave 
commission  to  the  vessels:  that  he  was  of  opinion  that 
he  was  justified,  not  only  by  the  opinions  at  Charleston, 
but  by  our  treaties.  I  told  him  the  President  had  taken 
full  advice  on  the  subject,  had  very  maturely  considered 
it,  and  had  come  to  the  decision  expressed  in  my  letter. 
He  said  he  hoped  the  President  had  not  so  absolutely 
decided  it,  but  that  he  would  hear  what  was  to  be  said 
against  it.  I  told  him  1  had  no  doubt  but  that  the 
President,  out  of  respect  to  him  and  his  country,  would 
receive  whatever  he  should  have  to  urge  on  the  subject, 
and  would  consider  it  with  candor.  He  said  he  would 
make  it  his  business  to  write  me  a  letter  on  the  subject : 
that  he  thought  the  arming  the  privateers  was  justifi 
able;  but  that  if  the  President  should  finally  decide 
otherwise  (though  he  could  not  think  it  would  be  right), 
yet  he  must  submit;  for  that  assuredly  his  instructions 
were  to  do  whatever  would  be  agreeable  to  us,  He 
showed,  indeed,  by  his  countenance,  his  manner,  and 
words,  that  such  an  acquiescence  would  be  with  re 
luctance;  but.  I  was  and  am  persuaded  he  then  meant 
il. 

Mr.  Genet  called  at  my  office  on  Tuesday  sennight,  or 
fortnight,  (say  July  16th  or  9th),  but  I  think  it  was 
Tuesday  sennight,  and  know  it  was  on  a  Tuesday  be 
cause  he  went  from  thence  to  the  President's.  He  was 
summing  up  to  me  the  strength  of  the  French  naval 
force  now  arrived.  I  took  that  occasion  to  observe  to 
him, that  having  such  great  means  in  his  hands,  I  thought 
he  ought  not  to  hesitate  in  abandoning  to  the  orders  of 
the  government  the  little  pickeioons  which  had  been 
armed  here  unauthorized  by  them,  and  which  occasioned 
so  much  embarrassment  and  uneasiness:  that  certainly 
their  good  dispositions  must  be  worth  more  than  the 


1793  ANAS  of  THOMAS  JEFFERSON.  153 

trifling  services  these  little  vessels  could  render.  He 
immediately  declared,  that  having  such  a  force  in  his 
hands,  he  had  abandoned  every  idea  of  further  arma 
ment  in  our  ports ;  that  these  small  objects  were  now  be 
neath  his  notice,  and  he  had  accordingly  written  to  the 
consuls  to  stop  everything  further  of  that  kind ;  but  that 
as  to  those  which  had  been  fitted  out  before,  their  honor 
would  not  permit  them  to  give  them  up,  but  he  wished 
an  oblivion  of  everything  which  had  passed,  and  that 
in  future  the  measure  so  disagreeable  to  the  government 
should  not  be  pursued,  though  he  thought  it  clearly 
justifiable  by  the  treaty.  I  told  him  the  government 
was  of  a  different  opinion :  that  both  parties  indeed  had 
equal  right  to  construe  the  treaty:  that,  consequently, 
he  had  done  his  duty  in  remonstrating  agginst  our  con 
struction,  but  that  since  the  government  remained 
finally  persuaded  of  the  solidity  of  its  own  construction, 
and  had  a  right  to  act  accordingly  within  their  own 
limits,  it  was  now  his  duty,  as  a  diplomatic  man,  to  state 
the  matter  to  his  government,  to  ask  and  await  their 
orders,  and  in  the  meant 'me  to  acquiesce,  and  by  no 
means  to  proceed  in  opposition  within  our  limits. 

It  was  at  the  same  time,  he  informed  me,  that  he  had 
sent  out  the  Little  Democrat,  July  2Gth,  1793,  to  obtain 
intelligence  of  the  state  of  the  co  st,  and  whether  it  was 
safe  for  the  fleet  to  proceed  round  from  Norfolk  to  New 
York. 

July  2Sth,  1  93.  At  a  meeting  at  the  President's  on 
account  of  the  British  letter-of-marque,  ship  Jane,  said 
to  have  put  up  waste  boards,  to  have  pierced  two  port 
holes,  and  mounted  two  cannon  (which  she  br  ught  in) 
on  new  carriages  which  she  did  not  bring  in,  arid  conse 
quently  having  sixteen  instead  of  fourteen  guns 


154  ANAS  of  THOMAS  JEFFERSON.  1793 

mounted,  it  was  agreed  that  a  letter-of -marque,  or  ves 
sel  arme  en  guerre  and  en  marchandise,  is  not  a  priva 
teer,  and  therefore  not  to  be  ordered  out  of  our  ports. 
It  was  agreed  by  Hamilton,  Knox  and  myself,  that  the 
case  of  such  a  vessel  does  not  depend  on  the  treaties,  but 
on  the  law  of  nations.  Edmund  Randolph  thought,  as 
she  had  a  mixed  character  of  merchant  vessel  and  pri 
vateer,  she  might  be  considered  under  the  treaty;  but 
this  being  overruled,  the  following  paper  was  written: 
Rules  proposed  by  Attorney  General : 
1st.  That  all  equipments  purely  for  the  accommo 
dation  of  vessels,  as  merchantment,  be  admitted.  Agreed. 
2d.  That  all  equipments,  doubtful  in  their  nature, 
and  applicable  equally  to  commerce  or  war,  be  admitted, 
as  producing  too  many  minutiae.  Agreed. 

3d.     That  all  equipments,  solely  adapted  to  military 
objects,  be  prohibited.     Agreed. 

Rules  proposed  by  the  Secretary  of  the  Treasury: 
1st.     That  the  original  arming  and  equipping  of  ves 
sels  for  military  service,  offensive  or  defensive,  in  the 
ports  of  the  United  States,  be  considered   as  prohibited 
to  all.     Agreed. 

2d.     That    vessels    which    were    armed    before    their 
coming  into  our  ports,  shall  not  be  permitted  to  aug 
ment  these  equipments  in  the  ports  of  the  United  States. 
but    may   repair    or   replace    any    military   equipments 
which  they  had  when    they  began  their  voyage  for  the 
United  States;  that  this  however,  shall  be  with  the  ex 
ception  of  privateers  of  the  parties  opposed  to  France, 
who  shall  not  rent  or  repair.     Negatived — the  Secretary 
of  the  Treasury  only  holding  the  opinion. 

3d.     That  for  convenience,  vessels  armed  and  corn- 
missioned  before  they  come  into  our  ports,  may  engage 


1793  ANAS  of  THOMAS  JEFFERSON.  155 

their  own  citizens,  not  being  inhabitants  of  the  United 
States.  Agreed. 

I  subjoined  the  following: 

I  concur  in  the  rules  proposed  by  the  Attorney  Gen 
eral,  as  far  as  respects  materials  or  means  of  annoyance 
furnished  by  us;  and  I  should  be  for  an  additional  rule, 
that  as  to  means  or  materials  brought  into  this  country, 
and  belonging  to  themselves,  they  are  free  to  use  them. 

(Knox  agreed  to  the  Attorney  General  in  toto,  con 
sequently,  they  were  established  by  the  vote  of  three. 
Hamilton  proposed  to  put  questions  on  all  the  proposi 
tions  separately,  and  he  took  the  paper  and  put  questions 
on  the  three  of  the  Attorney  General  which  were  agreed. 
He  was  going  on  with  questions  on  his  own  propositions 
without  asking  us  distinctly,  but  by  a  sort  of  a  look  and 
a  nod,  and  noting  in  the  margin.  I  observed  I  did  not 
understand  that  opinion,  that  we  had  agreed  to  the 
Attorney  General's  propositions;  he  said  it  was  to  take 
a  question  on  each  distinctly.  Knox  observed  that  as 
we  understood  these  rules  to  extend  only  to  cases  out  of 
the  treaty  we  had  better  express  it.  I  agreed  and  pro 
posed  to  add  some  such  words  as  these,  "excepting, 
always  where  the  treaties  shall  have  otherwise  pro 
vided."  Hamilton  broke  loose  at  this  and  pretended  it 
was  meant  they  should  go  to  all  cases.  All  of  us  bore 
testimony  against  this  and  that  he  himself  had  shown 
that  the  present  case  was  out  of  the  treaties.  He  said 
he  would  rather  specify  the  exceptions  expressly,  than 
leave  them  on  the  general  terms  I  proposed;  so  it  was 
agreed  to  take  till  tomorrow  to  examine  the  treaties  and 
specify  the  exceptions  if  it  could  be  done.  While  this 
was  passing  E.  Randolph  took  the  paper  in  his  hand  and 
read  Hamilton's  original  notes  as  above,  and  seeing  that 
he  had  written  "agreed"  opposite  his  own  first  proposi- 


156  ANAS  of  THOMAS  JEFFERSON.  1793 

tion,  he  observed  to  Knox  so  that  I  overhear  1  him 
that  that  had  not  been  agreed,  which  was  the  truth. 
To  his  third  proposition  we  had  all  agreed  in  conversa 
tion,  but  it  had  rot  been  agreed  to  add  it  to  the  rules. 
It  was  pretty  evident  from  Hamilton's  warmth,  em 
barrassment,  eagerness,  that  he  wanted  to  slip  in  s  me- 
thing  which  might  cover  cases  we  had  not  in  contem 
plation.)  *  A  question  then  arose  whether  we  should  ex 
pressly  say  that  these  articles  were  meant  to  extend  to 
cases  out  f  the  treaty — it  was  referred  to  the  next  day. 

July  30.'/i.  Met  at  my  office.  I  proposed  to  add  to 
the  rules  a  proviso  that  they  should  not  be  understood 
to  Contravene,  as  of  right  they  could  not,  the  provisions 

of  the article  of  our   treaty    with    France,    the 

of  that  with    the    United     Netherlands,     or    the 

of  that  with  Russia.  Before  Hamilton  a  d 
Knox  came  into  the  room  E.  Randolph  declared 
himself  for  a  general  reference,  or  a  verbal  quotation  of 
the  words  of  the  treaties,  and  against  all  comments  or 
substitution  of  new  words.  When  they  arrived,  Hamil 
ton  proposed  a  reference  to  the  articles  of  1he  treaty  by 
a  description  of  the  cases  in  shorter  'terms,  which  he  pro 
posed  as  equivalent  to  those  of  the  treaty.  E.  Randolph 
said  plumply  and  without  one  word  of  preface  that  he 
had  been  for  a  general  reference  to  the  treaties,  but  if  the 
special  descriptions  would  give  more  satisfaction,  he 
would  agree  to  it.  So  he  and  Hamilton  drew  their 
chairs  together  and  made  up  t^e  form:  but  it  was  agreed 
to  be  put  off  for  more  mature  digestion.  Th.  J. 

August  1st.  Met  at  the  President's,  to  consider  what 
was  to  be  done  with  Mr.  Genet.  All  his  correspondence 

*  The  part  within  marks  of  parenthesis  was  marked  out  by  Jefferson. 


1793  ANAS  of  THOMAS  JEFFERSON.  157 

with  me  was  read  over.     The  following  propositions  were 
made:     1.     That  a  full  statement  of  Mr.  Genet's  con 
duct  be  made  in  a  letter  to  G.  Morris,  and  be  sent  with 
his  correspondence,   to   be  communicated  to  the   Exe 
cutive  Council  of  France ;  the  letter  to  be  so  prepared,  as 
to  serve  for  the  form  of  communication  to  the  Council. 
Agreed  unanimously.     2.     That    in    that  letter  his  re 
call  be  required.     Agreed  by  all,  though  I  expressed  a 
preference  of  expressing  that  desire  with  great  delicacy; 
the  others  were  for  peremptory  terms.     3.     To  send  him 
off.     This  was  proposed  by  Knox;  but  rejected  by  every 
other.     4.     To  write  a  letter  to  Mr.   Genet,   t!ie  same 
in  substance  with  that  written  to  G.  Morris,  and  let  him 
know  we  had  applied  for  his  recall.     I  was  against  this, 
because  I  thought  it  would  render  him  extremely  active 
in  his  plans,  and  endanger  confusion.     But  I  was    over 
ruled  by  the  other  three  gentlemen  and  the  President. 
5.     That  a  publication  of  the  whole  correspondence,  and 
statement  of  the  proceedings,  should  be  made  by  way  of 
appeal  to  the  people.     Hamilton  made  a  jury  speech 
of  three-quarters  of  an  hour,  as  inflammatory  and  de 
clamatory  as    if  he  had  been  speaking  to  a  jury.     E. 
Randolph  opposed  it.     I  chose  to  leave  the  contest  be 
tween  them.     Adjourned  to  next  day. 

August  2d,  Met  again.  Hamilton  spake  again  three- 
quarters  of  an  hour.  I  answered  on  these  topics.  Object 
of  the  appeal. — The  democratic  society;  this  the  great 
circumstance  of  alarm;  afraid  it  would  extend  its  con 
nections  over  the  continent  J.  chiefly  meant  for  the  local 
object  of  the  ensuing  election  of  Governor.  If  left 
alone,  would  die  away  after  that  is  over.  If  opposed, 
if  proscribed,  would  give  it  importance  and  vigor;  would 
give  it  a  new  object,  and  multitudes  would  join  it  merely 


1793  ANAS  of  THOMAS  JEFFERSON.  158 

to  assert  the  right  of  voluntary  associations.  That  the 
measure  was  calculated  to  make  the  President  assume 
the  station  of  the  head  of  a  party,  instead  of  the  head  of 
the  nation.  Plan  of  the  appeal. — To  consist  of  facts  and 
the  decisions  of  the  President.  As  to  facts  we  are  agreed ; 
but  as  to  decisions,  there  have  been  great  differences  of 
opinion  among  us.  Sometimes  as  many  opinions  as 
persons.  This  proves  there  will  be  ground  to  attack  the 
decisions.  Genet  will  appeal  also;  it  will  bcome  a  con 
test  between  the  President  and  Genet — anonymous 
writers — will  be  same  difference  of  opinion  in  public,  as 
in  our  cabinet — will  be  same  difference  in  Congress,  for 
it  must  be  laid  before  them — would,  therefore,  work 
very  unpleasantly  at  home.  How  would  it  work  abroad  ? 
France — unkind — after  such  proofs  of  her  friendship, 
should  rely  on  that  friendship,  and  her  justice.  Why 
appeal  to  the  world ?  Friendly  nations  always  nego 
tiate  little  differences  in  private.  Never  appeal  to  the 
world,  but  when  they  appeal  to  the  sword.  Confeder 
acy  of  Pilnitz  was  to  overthrow  the  government  of 
France.  The  interference  of  France  to  disturb  other 
governments  and  excite  insurrections,  was  a  measure 
of  reprisal.  Yet  these  Princes  have  been  able  to  make 
it  believed  to  be  the  system  of  France.  Colonel  Hamil 
ton  supposes  Mr.  Genet's  proceedings  here  are  in  pur 
suance  of  that  system;  and  we  are  so  to  declare  it  to  the 
world,  and  to  add  our  testimony  to  this  base  calumny 
of  the  Princes.  What  a  triumph  to  them  to  be  backed 
by  our  testimony.  What  a  fatal  stroke  at  the  cause 
of  liberty;  et  tu  Brute.  We  indispose  the  French  gov 
ernment,  and  they  will  retract  their  offer  of  the  treaty 
of  commerce.  The  President  manifestly  inclined  to  the 
appeal  to  the  people.*  Knox,  in  a  foolish,  incoherent 

*  He  said  that  Mr.  Morris,  taking  a  family  dinner  with  him  the  other  day 


1793  ANAS  of  THOMAS  JEFFERSON.  159 

sort  of  a  speech,  introduced  the  pasquinade  lately 
printed,  called  the  funeral  of  George  W — n,and  James 
Wilson,  King  and  Judge,  &c.,  where  the  President  was 
placed  on  a  guillotine.  The  President  was  much  in 
flamed;  got  into  one  of  those  passions  when  he  cannot 
command  himself;  ran  on  much  on  the  personal  abuse 
which  had  been  bestowed  on  him;  defied  any  man  on 
earth  to  produce  one  single  act  of  his  since  he  had  been 
in  the  government,  which  was  not  done  on  the  purest 
motives;  that  he  had  never  repented  but  once  the  having 
slipped  the  moment  of  resigning  his  office,  and  that  was 
every  moment  since;  that  by  God  he  had  rather  be  in 
his  grave  than  in  his  present  situation:  that  he  had 
rather  be  on  his  farm  than  to  be  made  Jumper  or  of  the 
world]  and  yet  that  they  were  charging  him  with  want 
ing  to  be  a  King.  That  that  rascal  Freneau  sent  him 
three  of  his  papers  every  day,  as  if  he  thought  he  would 
become  the  distributor  of  his  papers;  that  he  could  see 
in  this,  nothing  but  an  impudent  design  to  insult  him. 
He  ended  in  this  high  tone.  There  was  a  pause.  Some 
difficulty  in  resuming  our  question;  it  was,  however, 
after  a  little  while,  presented  again,  and  he  said  there 
seemed  to  be  no  necessity  for  deciding  it  now;  the  pro 
positions  before  agreed  on  might  be  put  into  a  train  of 
execution,  and  perhaps  events  would  show  whether  the 
appeal  would  be  necesasry  or  not.  He  desired  we  would 
meet  at  my  office  the  next  day,  to  consider  what  should 
be  done  with  the  vessels  armed  m  our  ports  by  Mr.  Genet, 
and  their  prizes. 


went  lanrely,  and  of  his  own  accord,  into  the  subject ;  advised  this  appeal, 
and  promised,  if  the  President  adopted  it,  that  he  would  support  it  himself, 
and  engage  for  all  his  connections.  The  President  repeated  this  twice,  and 
with  an  nir  of  importance.  Kow  Mr.  Morris  has  no  family  connections;  he 
engaged  then  for  his  political  friends.  This  shows  that  the  President  has  not 
confidence  enough  in  the  virtue  and  good  sense  of  mankind,  to  confide  in  a 
government  bottomed  on  them,  and  thinks  other  props  necessary.  T.  J. 


160  ANAS  of  THOMAS  JEFFERSON.  1793 

August  3d.  We  met.  The  rules  being  now  reduced 
on  one  paper  I  considered  them,  and  not  finding 
anything  against  the  treaties  as  far  as  I  could  see,  they 
were  agreed  to  and  signed  by  us  all.  We  proceeded  to 
consider  what  should  be  done  as  to  the  French  priva 
teers  arrived  in  our  ports,  and  their  prizes  taken  since 
they  were  ordered  away.  Randolph  recapitulated  his  old 
opinion.  Hamilton  proposed  to  suppress  the  privateers 
by  military  coercion  and  deliver  the  prizes  to  their  own 
ers.  1  proposed  to  require  from  Mr.  Genet  a  delivery  of 
the  prizes  to  their  owners, otherwise  that, in  consequence 
of  the  assurances  we  had  given  the  British  Minister,  we 
should  be  bound  to  pay  for  them  and  must  take  credit 
for  it  with  France,  and  to  inform  him  that  we  would 
allow  no  further  asylum  in  our  ports  to  the  said  priva 
teers.  (These  were  the  Citoyen  Genet,  Sans  Culottes, 
Yainqueur  de  la  Bastille  and  Petite  Democrate.  The 
two  last  had  been  armed  subsequent  to  the  prohibition.) 
My  proposition  was  agreed  to  with  an  addition  that  the 
governors  should  be  notified  that  the  privateers  were 
no  longer  permitted  to  stay  in  our  ports. 

The  President  wrote  to  take  our  opinions,  whether 
Congress  should  be  called.  Knox  pronounced  at  once 
against  it.  Randolph  was  against  it.  Hamilton  said 
his  judgment  was  against  it,  but  that  if  any  two  were 
for  it,  or  against  it,  he  would  join  them  to  make  a  ma 
jority.  I  was  for  it.  We  agreed  to  give  separate  opin 
ions  to  the  President.  Knox  said  we  should  have  had 
fine  work,  if  Congress  had  been  sitting  these  two  last 
months.  The  fool  thus  let  out  the  secret.  Hamilton, 
endeavored  to  patch  up  the  indiscretion  of  this  blabber, 
by  saying  "he  did  not  know;  he  rather  thought  they 
would  have  strengthened  the  executive  arm."  It  is 
evident  they  do  not  wish  to  lengthen  the  session  of  the 


1793  ANAS  of  THOMAS  JEFFERSON.  161 

next  Congress,  and  probably  they  particularly  wish  it 
should  not  meet  till  Genet  is  gone.  At  this  meeting  I 
received  a  letter  from  Mr.  Remson,  at  New  York,  in 
forming  me  of  the  event  of  the  combat  between  the 
Ambuscade  and  the  Boston.  Knox  broke  out  into  the 
most  unqualified  abuse  of  Captain  Courtany.  Hamilton 
with  less  fury,  but  with  the  deepest  vexation,  loaded 
him  with  censures.  Both  showed  the  most  unequivocal 
mortification  at  the  event. 

August  6th.  The  President  concurs  with  Hamilton 
and  Knox  in  notifying  Mr.  Hammond  what  we  propose 
as  to  restitution  of  the  prizes  made  by  the  Citoyen  Genet, 
etc.,  or  compensation,  because  says  he,  if  you  notify 
it  to  the  party  to  whom  it  will  give  displeasure,  we 
should  do  it  to  that  also  which  will  feel  satisfaction 
from  it. 

He  said  he  should  have  been  for  calling  Congress  him 
self,  but  he  found  the  other  gentlemen  were  against  it. 

August  6th,  1793.  The  President  calls  on  me  at  my\ 
house  in  the  country,  and  introduces  my  letter  of  July 
the  31st,  announcing  that  I  should  resign  at  the  close  of  'l 
the  next  month.  He  again  expressed  his  repentance  at 
not  having  resigned  himself,  and  how  much  it  was  in 
creased  by  seeing  that  he  was  to  be  deserted  by  those 
on  whose  aid  he  had  counted ;  that  he  did  not  know  where 
he  should  look  to  find  characters  to  fill  up  the  offices; 
that  mere  talents  did  not  suffice  for  the  department  of 
State,  but  it  required  a  person  conversant  in  foreign 
affairs,  perhaps  acquainted  with  foreign  courts;  that 
without  this,  the  best  talents  would  be  awkward  and  at 
a  loss.  He  told  me  that  Colonel  Hamilton  had  three 
or  four  weeks  ago  written  to  him,  informing  him  that 


162  ANAS  of  THOMAS  JEFFERSON.  1?93 

private  as  well  as  public  reasons  had  brought  him  to  the 
determination  to  retire,  and  that  he  should  do  it  to 
wards  the  close  of  the  next  session.  He  said  he  had 
often  before  intimated  dispositions  to  resign,  but  never 
as  decisively  before;  that  he  supposed  he  had  fixed  on 
the  latter  part  of  next  session,  to  give  an  opportunity 
to  Congress  to  examine  into  his  conduct ;  that  our  going 
out  at  times  so  different,  increased  his  difficulty;  for  if 
he  had  both  places  to  fill  at  once,  he  might  consult  both 
the  particular  talents  and  geographical  situation  of  our 
successors.  He  expressed  great  apprehensions  at  the 
fermentation  which  seemed  to  be  working  in  the  mind 
of  the  public ;  that  many  descriptions  of  persons,  actuated 
by  different  causes,  appeared  to  be  uniting;  what  it 
would  end  in  he  knew  not;  a  new  Congress  was  to  as 
semble,  more  numerous,  perhaps  of  a  different  spirit;  the 
first  expressions  of  their  sentiments  would  be  important ; 
if  I  would  only  stay  to  the  end  of  that,  it  would  relieve 
him  considerably. 

I  expressed  to  him  my  excessive  repugnance  to  public 
life,  the  particular  uneasiness  of  my  situation  in  this 
place,  where  the  laws  of  society  oblige  me  always  to  move 
exactly  in  the  circle  which  I  know  to  bear  me  peculiar 
hatred ;  that  is  to  say,  the  wealthy  aristocrats,  the  mer 
chants  connected  closely  with  England,  the  new  created 
paper  fortunes;  that  thus  surrounded,  my  words  were 
caught,  multiplied,  misconstrued,  and  even  fabri 
cated  and  spread  abroad  to  my  injury;  that  he  saw  also, 
that  there  was  such  an  opposition  of  views  between 
myself  and  another  part  of  the  administration,  as  to 
render  it  peculiarly  unpleasing,  and  to  destroy  the 
necessary  harmony.  Without  knowing  the  views  of 
what  is  called  the  republican  party  here,  or  having  any 
communication  with  them,  I  could  undertake  to  assure 


1793  ANAS  of  THOMAS  JEFFERSON.         163 

him,  from  my  intimacy  with  that  party  in  the  late  Con 
gress,  that  there  was  not  a  view  in  the  republican  party 
as  spread  over  the  United  States,  which  went  to  the 
frame  of  the  government ;  that  I  believed  the  next  Con 
gress  would  attempt  nothing  material,  but  to  render 
their  own  body  independent;  that  that  party  were  firm 
in  their  disposition  to  support  the  government;  that  the 
manoeuvres  of  Mr.  Genet  might  produce  some  little  em 
barrassment,  but  that  he  would  be  abandoned  by  the 
republicans  the  moment  they  knew  the  nature  of  his 
conduct;  and  on  the  whole,  no  crisis  existed  which 
threatened  anything. 

He  said  he  believed  the  views  of  the  republican  party 
were  perfectly  pure,  but  when  men  put  a  machine  into 
motion,  it  is  impossible  for  them  to  stop  it  exactly  where 
they  would  choose,  or  to  say  where  it  will  stop.  That 
the  constitution  we  have  is  an  excellent  one,  if  we  can 
keep  it  where  it  is;  that  it  was,  indeed,  supposed  there 
was  a  party  disposed  to  change  it  into  a  monarchical 
form,  but  that  he  could  conscientiously  declare  there 
was  not  a  man  in  the  United  States  who  would  set  his 
face  more  decidedly  against  it  than  himself.  Here  I 
interrupted  him  by  saying,  "No  rational  man  in  the 
United  States  suspects  you  of  any  other  disposition ;  but 
there  does  not  pass  a  week,  in  which  we  cannot  prove 
declarations  dropping  from  the  monarchical  party  that 
our  government  is  good  for  nothing,  is  a  milk  and  water 
thing  which  cannot  support  itself,  we  must  knock  it 
down,  and  set  up  something  of  more  energy."  He  said 
if  that  was  the  case,  he  thought  it  a  proof  of  their  in 
sanity,  for  that  the  republican  spirit  of  the  Union  was 
so  manifest  and  so  solid,  that  it  was  astonishing  how  any 
one  could  expect  to  move  it. 

He  returned  to  the  difficulty  of  naming  my  successor; 


164  ANAS  of  THOMAS  JEFFERSON.  1793 

he  said  Mr.  Madison  would  be  his  first  choice,  but  that 
he  had  always  expressed  to  him  such  a  decision  against 
public  office,  that  he  could  not  expect  he  would  under 
take  it.  Mr.  Jay  would  prefer  his  present  office.  He 
said  that  Mr.  Jay  had  a  great  opinion  of  the  talents  of 
Mr.  King;  that  there  was  also  Mr.  Smith  of  South  Caro 
lina,  and  B.  Rutledge;  but  he  observed,  that  name 
whom  he  would,  some  objections  would  be  made,  some 
would  be  called  speculators,  some  one  thing,  some  an 
other;  and  he  asked  me  to  mention  any  characters  oc 
curring  to  me.  I  asked  him  if  Governor  Johnson  of 
Maryland  had  occurred  to  him?  He  said  he  had;  that 
he  was  a  man  of  great  good  sense,  an  honest  man,  and  he 
believed,  clear  of  speculations;  but  this,  says  he,  is  an 
instance  of  what  I  was  observing;  with  all  these  quali 
fications,  Governor  Johnson,  from  a  want  of  familiarity 
with  foreign  affairs,  would  be.  in  them  like  a  fish  out  of 
water ;  everything  would  be  new  to  him,  and  he  awkward 
in  everything.  I  confessed  to  him  that  I  had  considered 
Johnson  rather  as  fit  for  the  Treasury  Department. 
Yes,  says  he,  for  that  he  would  be  the  fittest  appoint 
ment  that  could  be  made;  he  is  a  man  acquainted  with 
figures,  and  having  as  good  a  knowledge  of  the  resources 
of  this  country  as  any  man.  I  asked  him  if  Chancellor 
Livingston  had  occurred  to  him?  He  said  yes;  but  he 
was  from  New  York,  and  to  appoint  him  while  Hamilton 
was  in,  and  before  it  should  be  known  he  was  going  out, 
would  excite  a  newspaper  conflagration,  as  the  ultimate 
\  arrangement  would  not  be  known.  He  said  McLurg 
had  occurred  to  him  as  a  man  of  first-rate  abilities,  but 
it  is  said  that  he  is  a  speculator.  He  asked  me  what  sort 
of  a  man  Wolcott  was.  I  told  him  I  knew  nothing  of 
him  myself ;  I  had  heard  him  characterized  as  a  cunning 
man.  I  asked  him  whether  some  person  could  not  take 


1793  ANAS  of  THOMAS  JEFFERSON.  165 

my  office  par  interim,  till  he  should  make  an  appoint 
ment?  as  Mr.  Randolph,  for  instance.  Yes,  says  he, 
but  there  you  would  raise  the  expectation  of  keeping  it, 
and  I  do  not  know  that  he  is  fit  for  it,  nor  what  is  thought 
of  Mr.  Randolph.  I  avoided  noticing  the  last  observa 
tion,  and  he  put  the  question  to  me  directly.  I  then 
told  him,  I  went  into  society  so  little  as  to  be  unable  to 
answer  it :  I  knew  that  the  embarrassments  in  his  private 
affairs  had  obliged  him  to  use  expedients,  which  had 
injured  him  with  the  merchants  and  shop-keepers,  and 
affected  his  character  of  independence;  that  these  em 
barrassments  were  serious,  and  not  likely  to  cease  soon. 
He  said  if  I  would  only  stay  in  till  the  end  of  another 
quarter  (the  last  of  December)  it  would  get  us  through 
the  difficulties  of  this  year,  and  he  was  satisfied  that  the 
affairs  of  Europe  would  be  settled  with  this  campaign; 
for  that  either  France  would  be  overwhelmed  by  it,  or 
the  confederacy  would  give  up  the  contest.  By  that 
time,  too,  Congress  will  have  manifested  its  character 
and  view.  I  told  him  that  I  had  set  my  private 
affairs  in  motion  in  a  line  which  had  powerfully  called 
for  my  presence  the  last  spring,  and  that  they  had 
suffered  immensely  from  my  not  going  home;  that 
I  had  now  calculated  them  to  my  return  in  the  fall,  and 
to  fail  in  going  then,  would  be  the  loss  of  another  year 
and  prejudicial  beyond  measure.  I  asked  him  whether 
he  could  not  name  Governor  Johnson  to  my  office,  under 
an  express  arrangement  that  at  the  close  of  the  session 
he  should  take  that  of  the  Treasury.  He  said  that  men 
never  chose  to  descend ;  that  being  once  in  a  higher  de 
partment,  he  would  not  like  to  go  into  a  lower  one.  He 
asked  me  whether  I  could  not  arrange  my  affairs  by 
going  home.  I  told  him  I  did  not  think  the  public  busi 
ness  would  admit  of  it;  that  there  never  was  a  day  now 


166  ANAS  of  THOMAS  JEFFERSON  1793 

in  which  the  absence  of  the  Secretary  of  State  would  not 
be  inconvenient  to  the  public.  And  he  concluded  by 
desiring  that  1  would  take  two  or  three  days  to  consider 
whether  1  could  not  stay  in  till  the  end  of  another  quar 
ter,  for  that  like  a  man  going  to  the  gallows,  he  was 
willing  to  put  it  off  as  long  as  he  could;  but  if  I  per 
sisted,  he  must  then  look  about  him  and  make  up  his 
mind  to  do  the  best  he  could ;  and  so  he  took  leave. 

August  20th.  We  met  at  the  President's  to  examine 
by  paragraphs  the  draught  of  a  letter  1  had  prepared 
to  Gouverneur  Morris  on  the  conduct  of  Mr.  Genet.  There 
was  no  difference  of  opinion  on  any  part  of  it,  except  on 
this  expression,  "An  attempt  to  embroil  both, to  add  still 
another  nation  to  the  enemies  of  his  c  v  ntry,  and  to  draw 
'  n  both  a  reproach  which  it  is  hoped  will  never  stain  the 
history  of  either,  that  of  liberty  warring  on  herself." 
Hamilton  moved  to  strike  out  these  words,  "that  of 
liberty  warring  on  herself."  He  urged  generally  that 
it  would  give  offence  to  the  combined  powers;  that  it 
amounted  to  a  declaration  that  th  y  were  warring  on 
liberty:  that  we  were  not  called  on  to  declare  that  the 
cause  of  France  was  that  of  liberty ;  that  he  had  at  first 
been  with  them  with  all  his  heart,  but  that  he  had  long 
since  left  them,  and  was  not  for  encouraging  the  idea 
here,  that  the  cause  of  France  was  the  cause  of  liberty  in 
general,  or  could  have  either  connection  or  influence  in 
our  affairs.  Knox,  according  to  custom,  jumped  plump 
into  all  his  opinions.  The  President,  with  a  good  deal 
of  positiveness,  declared  in  favor  of  the  expression;  that 
he  considered  the  pursuit  of  France  to  be  that  of  liberty, 
however  they  might  sometimes  fail  of  the  best  means  of 
obtaining  it ;  that  he  had  never  at  any  time  entertained  a 
doubt  of  their  ultimate  success,  if  they  hung  well  together ; 


1793  ANAS  of  THOMAS  JEFFERSON.  167 

and  that  as  to  their  dissensions,  there  were  such  con 
tradictory  accounts  given,  that  no  one  could  tell  what 
to  believe.  I  observed  that  it  had  been  supposed  among 
us  all  along  that  the  present  letter  might  become  pub 
lic;  that  we  had  therefore  three  parties  to  attend  to, — 
1st,  France ;  2d,  her  enemies ;  3d,  the  people  of  the  United 
States ;  that  as  to  the  enemies  of  France,  it  ought  not  to 
offend  them,  because  the  passage  objected  to,  only  spoke 
of  an  attempt  to  make  the  United  States,  a  free  nation, 
war  on  France,  a  free  nation,  which  would  be  liberty  war 
ring  against  liberty;  that  as  to  France,  we  were  taking  so 
harsh  a  measure  (desiring  her  to  recall  her  minister)  that 
a  precedent  for  it  could  scarcely  be  found ;  that  we  knew 
that  minister  would  represent  to  his  government  that 
our  executive  was  hostile  to  liberty,  leaning  to  monarchy, 
and  would  endeavor  to  parry  the  charges  on  himself,  by 
rendering  suspicions  the  source  from  which  they  flowed; 
that,  therefore,  it  was  essential  to  satisfy  France,  not 
only  of  our  friendship  to  her,  but  our  attachment  to  the 
general  cause  of  liberty,  and  to  hers  in  particular;  that 
as  to  the  people  of  the  United  States,  we  know  there  were 
suspicions  abroad  that  the  executive,  in  some  of  its 
parts,  was  tainted  with  a  hankering  after  monarchy, 
an  indisposition  towards  liberty,  and  towards  the  French 
cause ;  and  that  it  was  important,  by  an  explicit  declara 
tion,  to  remove  these  suspicions,  and  restore  the  con 
fidence  of  the  people  in  their  government.  Randolph 
opposed  the  passage  on  nearly  the  same  ground  with 
Hamilton.  He  added,  that  he  thought  it  had  been 
agreed  that  this  correspondence  should  contain  no  ex 
pressions  which  could  give  offence  to  either  party.  I 
replied  that  it  had  been  my  opinion  in  the  beginning  of 
the  correspondence,  that  while  we  were  censuring  the 
conduct  of  the  French  minister,  we  should  make  the 


168  ANAS  of  THOMAS  JEFFERSON.  1793 

most  cordial  declarations  of  friendship  to  them;  that  in 
the  first  letter  or  two  of  the  correspondence,  I  had  in 
serted  expressions  of  that  kind,  but  that  himself  and  the 
other  two  gentlemen  had  struck  them  out;  that  I  there 
upon  conformed  to  their  opinions  in  my  subsequent  let 
ters,  and  had  carefully  avoided  the  insertion  of  a  single 
term  of  friendship  to  the  French  nation,  and  the  letters 
were  as  dry  and  husky  as  if  written  between  the  generals 
of  two  enemy  nations;  that  on  the  present  occasion, 
however,  it  h^  d  been  agreed  that  such  expressions  ought 
to  be  inserted  in  the  letter  now  under  consideration,  and 
I  had  accordingly  charged  it  pretty  well  with  thim;  that 
I  had  further  thought  it  essential  to  satisfy  the  French 
and  our  own  citizens  of  the  light  in  which  we  viewed 
their  cause,  and  of  cur  fellow  feeling  for  the  general 
cause  of  liberty,  and  had  ventured  only  four  words  on  the 
subject;  that  there  was  not  from  beginning  to  end  of 
the  letter  one  other  expression  or  word  in  favor  of  liberty, 
and  I  should  think  it  singular  at  least,  if  the  single  passage 
of  that  character  should  be  struck  out. 

The  President  again  spoke.  He  came  into  the  idea 
that  attention  was  due  to  the  two  parties  who  had  been 
mentioned,  France  and  the  United  States;  that  as  to 
the  former,  thinking  it  certain  their  affairs  would  issue 
in  a  government  of  some  sort — of  considerable  freedom 
— it  was  the  only  nation  with  whom  our  telations  could 
be  counted  on ;  that  as  to  the  United  States,  there  could 
be  no  doubt  of  their  universal  attachment  to  the  cause 
of  France,  arid  of  the  solidity  of  their  republicanism. 
He  declared  his  strong  attachment  to  the  expression,  but 
finally  left  it  to  us  to  accommodate.  It  was  struck  out, 
of  course,  and  the  expressions  of  affection  in  the  con 
text  were  a  good  deal  taken  down. 


1793  ANAS  of  THOMAS  JEFFERSON.  169 

August  23d,  1793.  In  consequence  of  my  note  of  yes 
terday  to  the  President,  a  meeting  was  called  this  day 
at  his  house  to  determine  what  should  be  done  with  the 
proposition  of  France  to  treat.  The  importance  of  the 
matter  was  admitted;  and  being  of  so  old  a  date  as  May 
22d,  we  might  be  accused  of  neglecting  the  interests  of 
the  United  States,  to  have  left  it  so  long  unanswered, 
and  it  could  not  be  doubted  Mr.  Genet  would  avail  him 
self  of  this  inattention.  The  President  declared  it  had 
not  been  inattention,  that  it  had  been  the  subject  of 
conversation  often  at  our  meetings,  and  the  delay  had 
proceeded  from  the  difficulty  of  the  thing. 

If  the  struggles  of  France  should  end  in  the  old  des 
potism,  the  formation  of  such  a  treaty  with  the  present 
government  would  be  a  matter  of  offence;  if  it  should 
end  in  any  kind  of  free  government,  he  should  be  very 
unwilling,  by  inattention  to  their  advances,  to  give 
offence,  and  lose  the  opportunity  of  procuring  terms 
so  advantageous  to  our  country.  He  was,  therefore, 
for  writing  to  Mr.  Morris  to  get  the  powers  of  Mr.  Genet 
renewed  to  his  successor.  (As  he  had  expressed  this 
opinion  to  nit-  the  afternoon  before,  I  had  prepared  the 
draught  of  a  letter  accordingly.)  Rut  how  to  explain 
the  delay?  The  Secretary  of  the  Treasury  observed  on 
the  letter  of  the  National  Convention,  that  as  it  did  not 
seem  to  require  an  answer,  and  the  matters  it  contained 
would  occasion  embarrassment  if  answered,  he  should 
be  against  answering  it;  that  he  should  be  for  writing  to 
Mr.  Morris,  mentioning  our  readiness  to  treat  with  them, 
and  suggesting  a  renewal  of  Mr.  Genet's  powers  to  his 
successor,  but  not  in  as  strong  terms  as  I  had  done  in  my 
draught  of  the  letter — not  as  a  thing  anxiously  wished 
for  by  us,  lest  it  should  suggest  to  them  the  asking  a 
price;  and  he  was  for  my  writing  to  Mr.  Genet  now,  an 


170  ANAS  of  THOMAS  JEFFERSON.  1793 

answer  to  his  letter  of  May  22d,  referring  to  the  meeting 
of  the  Senate  the  entering  on  the  treaty.  Knox  con 
curred  with  him,  the  Attorney  General  also, — except 
that  he  was  against  suggesting  the  renewal  of  Mr.  Genet's 
powers,  because  that  would  amount  to  a  declaration 
that  we  would  treat  with  that  government,  would  com 
mit  us  to  lay  the  subject  before  the  Senate,  and  his 
principle  had  ever  been  to  do  no  act,  not  unavoidably 
necessary,  which,  in  the  event  of  a  counter  revolution, 
might  offend  the  future  governing  powers  of  that  coun 
try.  I  stated  to  them  that  having  observed  from  our 
conversations  that  the  propositions  to  treat  might  not. 
be  acceded  to  immediately,  I  had  endeavored  to  prepare 
Mr.  Genet  for  it,  by  taking  occasion  in  conversations 
to  apprize  him  of  the  control  over  treaties  which  our 
constitution  had  given  to  the  Senate;  that  though  this 
was  indirectly  done,  (because  not  having  been  authorized 
to  say  anything  official  on  the  subject,  I  did  not  ven 
ture  to  commit  myself  directly,)  yet,  on  some  subsequent 
conversation,  I  found  it  had  struck  him  exactly  as  I 
had  wished;  for,  speaking  on  some  other  matter,  he 
mentioned  incidentally  his  propositions  to  treat,  and 
said,  however,  as  I  know  now  that  you  cannot  take  up 
that  subject  till  the  meeting  of  the  Senate,  I  shall  say 
no  more  about  it  now,  and  so  proceeded  with  his  other 
subject,  which  I  do  not  now  recollect.  I  said  I  thought 
it  possible  by  recalling  the  substance  of  these  conver 
sations  to  Mr.  Genet,  in  a  letter  to  be  written  now,  I 
might  add  that  the  Executive  had  at  length  come  to  a 
conclusion,  that  on  account  of  the  importance  of  the 
matter,  they  would  await  the  meeting  of  the  Senate; 
but  I  pressed  strongly  the  urging  Mr.  Morris  to  procure 
a  renewal  of  Genet's  powers,  that  we  might  not  lose  the 
chance  of  obtaining  so  advantageous  a  treaty.  Edmund 


1793  ANAS  of  THOMAS  JEFFERSON.  171 

Randolph  had  argued  against  our  acceding  to  it,  be 
cause  it  was  too  advantageous;  so  much  so  that  they 
would  certainly  break  it,  and  it  might  become  the  cause 
of  war.  I  answered  that  it  would  be  easy,  in  the  course 
of  the  negotiation,  to  cure  it  of  it's  inequality  by  giving 
some  compensation;  but  I  had  no  fear  of  their  revoking 
it,  that  the  islanders  themselves  were  too  much  inter 
ested  in  the  concessions  ever  to  suffer  them  to  be  re 
voked  ;  that  the  best  thinkers  in  France  had  long  been  of 
opinion  that  it  would  be  for  the  interest  of  the  mother 
country  to  let  the  colonies  obtain  subsistence  wherever 
they  could  cheapest;  that  I  was  confident  the  present 
struggles  in  France  would  end  in  a  free  government  of 
some  sort,  and  that  such  a  government  would  consider 
itself  as  growing  out  of  the  present  one,  and  respect  its 
treaties.  The  President  recurred  to  the  awkwardness 
of  writing  a  letter  now  to  Mr.  Genet,  in  answer  to  his  of 
May  22d ;  that  it  would  certainly  be  construed  as  merely 
done  with  a  design  of  exculpation  of  ourselves,  and  he 
would  thence  inculpate  us.  The  more  we  reflected  on 
this,  the  more  the  justice  of  this  observation  struck  us. 
Hamilton  and  myself  came  into  it — Knox  still  for  the 
letter — Randolph  half  for  it,  half  against  it,  according 
to  custom. 

It  was  at  length  agreed  I  should  state  the  substance 
of  my  verbal  observations  to  Mr.  Genet,  in  a  letter  to 
Mr.  Morris,  and  let  them  be  considered  as  the  answer 
intended;  for  being  from  the  Secretarv  of  State,  they 
might  be  considered  as  official,  though  not  in  writing. 

It  is  evident  that  taking  this  ground  for  their  future 
justification  to  France^and  to  the  United  States,  they 
were  sensible  they  had  censurably  neglected  these  over 
tures  of  treaty ;  for  not  only  what  I  had  said  to  Mr.  Genet 
was  without  authority  from  them,  but  was  never  com- 


172  ANAS  of  THOMAS  JEFFERSON.  1793 

municated  to  them  till  this  day.  To  rest  the  justifica 
tion  of  delay  on  answers  given,  it  is  true  in  time;  but  of 
which  they  had  no  knowledge  till  now,  is  an  ostensible 
justification  only. 

September  4tk,  1793.  At  a  meeting  held  some  days 
ago,  some  letters  from  the  Governor  of  Georgia  were 
read,  in  which  a  consultation  of  officers,  and  a  consider 
able  expedition  against  the  Creeks  was  proposed.  We 
were  all  of  opinion  no  such  expedition  should  be  under 
taken.  My  reasons  were  that  such  a  war  might  bring 
on  a  Spanish,  and  even  an  English  war;  that  for  this 
reason  the  aggressions  of  the  Creeks  had  been  laid  be 
fore  the  last  Congress,  and  they  had  not  chosen  to  de 
clare  war,  that  therefore  the  Executive  should  not  take 
on  itself  to  do  it ;  and  that  according  to  the  opinions  of 
Pickens  and  Blount,  it  was  too  late  in  the  season. 

I  thought,  however,  that  a  temperate  and  conciliatory 
letter  should  be  written  to  the  Governor,  in  order  that 
we  might  retain  the  disposition  of  the  people  of  the  State 
to  assist  in  an  expedition  when  undertaken.  The  other 
gentlemen  thought  a  strong  letter  of  disapprobation 
should  be  written.  Such  a  one  was  this  day  produced, 
strong  and  reprehendatory  enough,  in  which  I  thought 
were  visible  the  personal  enmities  of  Knox  and  Hamil 
ton,  against  Telfair,  Gun,  and  Jackson — the  two  last 
having  been  of  the  council  of  officers.  The  letter  passed 
without  objection,  being  of  the  complexion  before  de 
termined. 

Wayne's  letter  was  read,  proposing  that  six  hundred 
militia  should  set  out  from  Fort  Pitt  to  attack  certain 
Miami  towns,  while  he  marched  against  the  principal 
towns.  The  President  disapproved  it,  because  of  the 
difficulty  of  concerted  movements  at  six  hundred  miles 


1793  ANAS  of  THOMAS  JEFFERSON.  173 

distance;  because  these  six  hundred  men  might,  and 
probably  would  have  the  whole  force  of  the  Indians  to 
contend  with;  and  because  the  object  was  not  worth 
the  risking  such  a  number  of  men.  We  all  concurred. 
It  appeared  to  me,  further,  that  to  begin  an  expedition 
from  Fort  Pitt,  the  very  first  order  for  which  is  to  be 
given  now,  when  we  have  reason  to  believe  Wayne  ad 
vanced  as  far  as  Fort  Jefferson,  would  be  either  too 
late  for  his  movements,  or  would  retard  them  very  in 
juriously.  Note. — The  letters  from  the  Commissioners 
were  now  read,  announcing  the  refusal  of  the  Indians  to 
treat,  unless  the  Ohio  were  made  the  boundary,  and  that 
they  were  on  their  return. 

A  letter  from  Governor  Clinton  read,  informing  of  his 
issuing  a  warrant  to  arrest  Governor  Galbaud,  at  the 
request  of  the  French  Consul,  and  that  he  was  led  to 
interfere  because  the  judge  of  the  district  lived  at  Al 
bany.  It  was  proposed  to  write  to  the  judge  of  the  dis 
trict,  that  the  place  of  his  residence  was  not  adapted 
to  his  duties;  and  to  Clinton,  that  Galbaud  was  not 
liable  to  arrest.  Hamilton  said,  that  by  the  laws  of  New 
York,  the  Governor  has  the  powers  of  a  justice  of 
peace,  and  had  issued  the  warrant  as  such. 

I  was  against  writing  letters  to  judiciary  officers.  I 
thought  them  independent  of  the  Executive,  not  sub 
ject  to  its  coercion,  and,  therefore,  not  obliged  to  attend 
to  its  admonitions. 

The  other  three  were  for  writing  the  letters.  They 
thought  it  the  duty  of  the  President  to  see  that  the  laws 
were  executed;  and  if  he  found  a  failure  in  so  important 
an  officer,  to  communicate  it  to  the  legislature  for  im 
peachment. 

Edmund  Randolph  undertook  to  write  ^the  letters, 
and  I  am  to  sign  them  as  if  mine.  The  President  brought 


174  ANAS  of  TOHMAS  JEFFERSON.  1793 

forward  the  subject  of  the  ports,  and  thought  a  new 
demand  of  answer  should  be  made  to  Mr.  Hammond. 
As  we  had  not  Mr.  Hammond's  last  answer  (of  June 
20th)  on  that  subject,  agreed  to  let  it  lie  oyer  to  Monday. 

Hamilton  proposed  that  on  Monday  we  should  take 
into  consideration  the  fortification  of  the  rivers  and  ports 
of  the  United  States,  and  that  though  the  Executive 
could  not  undertake  to  do  it,  preparatory  surveys  should 
be  made  to  be  laid  before  Congress,  to  be  considered  on 
Monday. 

The  letters  to  Genet  covering  a  copy  of  mine  to  Gov. 

Morris  of to  the  French  consuls,  threatening  the 

revocation  of  their  Exequaturs — to  Mr.  Pinckney  on  the 
additional  instructions  of  Great  Britain  to  their  navy 
for  shipping  our  corn,  flour,  &c.,  and  to  Gov.  Morris  on 
the  similar  order  of  the  French  National  Assembly,  are 
to  be  ready  on  Monday. 

My  letter  to  Mr.  Hammond,  in  answer  to  his  of  August 
30th,  was  read  and  approved.  Hamilton  wished  not 
to  narrow  the  ground  of  compensation  so  much  as  to 
cases  after  August  7th.  Knox  joined  him,  and  by  sev 
eral  observations  showed  he  did  not  know  what  the 
question  was.  He  could  not  comprehend  that  the  letter 
of  August  7th,  which  promised  compensation  (because 
we  had  not  used  all  the  means  in  our  power  for  restrict 
ing),  would  not  be  contradicted  by  a  refusal  to  com 
pensate  in  cases  after  August  7th,  where  we  should 
naturally  use  all  the  means  in  our  power  for  restriction, 
and  these  means  should  be  insufficient.  The  letter  was 
agreed  to  on  Mr.  Randolph's  opinion  and  mine;  Ham 
ilton  acquiescing,  Knox  opposing.  J 

November  8th,  1793.  At  a  conference  at  the  Presi 
dent's  where  I  read  several  letters  of  Mr.  Genet,  on 


1793  ANAS  of  THOMAS  JEFFERSON.  175 

finishing  one  of  them,  I  asked  what  should  be  the  answer? 
The  President  thereupon  took  occasion  to  observe,  that 
Mr.  Genet's  conduct  continued  to  be  of  so  extraordinary 
a  nature,  that  he  meant  to  propose  to  our  serious  con 
sideration,  whether  he  should  not  have  his  functions  dis 
continued,  and  be  ordered  away?  ^ He  went  lengthily 
into  observations  on  his  conduct,  to  raise  against  the 
executive,  1,  the  people;  2,  the^State  governments;  3, 
the  Congress.  He  showed  he  felt  the  venom  of  Genet's 
pen,  but  declared  he  would  not  choose  his  insolence 
should  be  regarded  any  further  than  as  might  be  thought 
to  affect  the  honorsof  the  country.  Hamilton  and  Knox 
readily  and  zealously  argued  for  dismissing  Mr.  Genet. 
Randolph  opposed  it  with  firmness,  and  pretty  lengthily. 
The  President  replied  to  him  lengthily,  and  concluded 
by  saying  he  did  not  wish  to  have  the  thing  hastily  de 
cided,  but  that  we  should  consider  of  it,  and  give  our 
opinions  on  his  return  from  Reading  and  Lancaster. 

Accordingly,  November  ISth,  we  met  at  his  house, 
read  new  volumes  of  Genet's  letters,  received  since  the 
President's  departure;  then  took  up  the  discussion  of 
the  subjects  of  communication  to  Congress.  1.  The 
Proclamation.  E.  Randolph  read  the  statement  he  had 
prepared.  Hamilton  did  not  like  it ;  said  much  about  his 
own  views ;  that  the  President  had  a  right  to  declare  his 
opinion  to  our  citizens  and  foreign  nations;  that  it  was 
not  the  interest  of  this  country  to  join  in  the  war,  and 
that  we  were  under  no  obligation  to  join  in  it;  that 
though  the  declaration  would  not  legally  bind  Congress, 
yet  the  President  had  a  right  to  give  his  opinion  of  it, 
and  he  was  against  any  explanation  in  the  speech,  which 
should  yield;  that  he  did  not  intend  that  foreign  nations 
should  consider  it  as  a  declaration  of  neutrality,  future 
as  well  as  present;  that  he  understood  it  as  meant  to 


176  ANAS  of  THOMAS  JEFFERSON.  1793 

give  them  that  sort  of  assurance  and  satisfaction,  and 
to  say  otherwise  now,  would  be  a  deception  on  them. 
He  was  for  the  President's  using  such  expressions,  as 
should  neither  affirm  his  right  to  make  such  a  declara 
tion  to  foreign  nations,  nor  yield  it.  Randolph  and 
myself  opposed  the  right  of  the  President  to  declare  any 
thing  future  on  the  question,  shall  there  or  shall  there 
not  be  war,  and  that  no  such  thing  was  intended;  that 
Hamilton's  construction  of  the  effect  of  the  proclama 
tion,  would  have  been  a  determination  of  the  question 
of  the  guarantee, which  we  both  denied  to  have  intended, 
and  I  had  at  the  time  declared  the  executive  incompe 
tent  to.  Randolph  said  he  meant  that  foreign  nations 
should  understand  it  as  an  intimation  of  the  President's 
opinion  that  neutrality  would  be  our  interest.  I  de 
clared  my  meaning  to  have  been,  that  foreign  nations 
should  understand  no  such  thing;  that  on  the  contrary, 
I  would  have  chosen  them  to  be  doubtful,  and  to  come 
and  bid  for  our  neutrality.  I  admitted  the  President 
having  received  the  nation  at  the  close  of  Congress  in  a 
state  of  peace,  was  bound  to  preserve  them  in  that  state 
till  Congress  should  meet  again,  and  might  proclaim 
anything  which  went  no  farther.  The  President  de 
clared  he  never  had  an  idea  that  he  could  bind  Congress 
against  declaring  war,  or  that  anything  contained  in  his 
proclamation  could  look  beyond  the  first  day  of  their 
meeting.  His  main  view  was  to  keep  our  people  in  peace ; 
he  apologized  for  the  use  of  the  term  neutrality  in  his 
answers,  and  justified  it,  by  having  submitted  the  first 
of  them  (that  to  the  merchants,  wherein  it  was  used)  to 
our  consideration,  and  we  had  not  objected  to  the  term. 
He  concluded  in  the  end,  that  Colonel  Hamilton  should 
prepare  a  paragraph  on  this  subject  for  the  speech,  and 


1793  ANAS  of  THOMAS  JEFFERSON.          '  177 

it  should  then  be  considered.     We  were  here  called  to 
dinner. 

After  dinner,  the  r envoi  of  Genet  was  proposed  by 
himself.  1  opposed  it  on  these  topics.  France,  the 
only  nation  on  earth  sincerely  our  friend.  The  measure 
so  harsh  a  one,  that  no  precedent  is  produced  where  it 
has  not  been  followed  by  war.  Our  messenger  has  now 
been  gone  eighty-four  days;  consequently,  we  may 
hourly  expect  the  return,  and  to  be  relieved  by  their 
revocation  of  him.  Were  it  now  resolved  on,  it  would 
be  eight  or  ten  days  before  the  matter  on  which  the  order 
should  be  founded,  could  be  selected,  arranged,  dis 
cussed,  and  forwarded.  This  would  bring  us  within 
four  or  five  days  of  the  meeting  of  Congress.  Would  it 
not  be  better  to  wait  and  see  how  the  pulse  of  that  body, 
new  as  it  is,  would  beat.  They  are  with  us  now,  prob 
ably,  but  such  a  step  as  this  may  carry  many  over  to 
Genet's  side.  Genet  will  not  obey  the  order,  &c.,  &c. 
The  President  asked  me  what  I  would  do  if  Genet  sent 
the  accusation  to  us  to  be  communicated  to  Congress, 
as  he  threatened  in  the  letter  to  Moultrie  ?  I  said  I 
would  not  send  it  to  Congress;  but  either  put  it  in  the 
newspapers,  or  send  it  back  to  him  to  be  published  if  he 
pleased.  Other  questions  and  answers  were  put  and 
returned  in  a  quicker  altercation  than  I  ever  before  saw 
the  President  use.  Hamilton  was  for  the  r  envoi;  spoke 
much  of  the  dignity  of  the  nation;  that  they  were  now 
to  form  their  character;  that  our  conduct  now  would 
tempt  or  deter  other  foreign  ministers  from  treating  us 
in  the  same  manner;  touched  on  the  President's  personal 
feelings;  did  not  believe  France  would  make  it  a  cause  of 
war;  if  she  did  we  ought  to  do  what  was  right,and  meet 
the  consequences,  &c.  Knox  on  the  same  side,  and  said 
he  thought  it  very  possible  Mr.  Genet  would  either  de- 


178  ANAS  of  THOMAS  JEFFERSON.  1793 

clare  us  a  department  of  France,  or  levy  troops  here  and 
endeavor  to  reduce  us  to  obedience.  Randolph  of  my 
opinion,  and  argued  chiefly  on  the  resurrection  of  popu 
larity  to  Genet,  which  might  be  produced  by  this  meas 
ure.  That  at  present  he  was  dead  in  the  public  opinion, 
if  we  would  but  leave  him  so.  The  President  lamented 
there  was  not  unanimity  among  us;  that  as  it  was,  we 
had  left  him  exactly  where  we  found  him;  and  so  it 
ended. 

November  15th,  1793.  E.  Randolph  tells  me,  that 
Hamilton,  in  conversation  with  him  yesterday,  said, 
"Sir,  if  all  the  people  in  America  were  now  assembled, 
and  to  call  on  me  to  say  whether  I  am  a  friend  to  the 
French  revolution,  I  would  declare  that  I  have  it  in 
abhorrence."  > 

November  21st.  We  met  at  the  President's.  The 
manner  of  explaining  to  Congress  the  intentions  of  the 
proclamation,  was  the  matter  of  debate.  Randolph 
produced  his  way  of  stating  it.  This  expressed  its 
views  to  have  been,  1,  to  keep  our  citizens  quiet;  2,  to 
intimate  to  foreign  nations  that  it  was  the  President's 
opinion,  that  the  interests  and  dispositions  of  this  coun 
try  were  for  peace.  Hamilton  produced  his  statement, 
in  which  he  declared  his  intention  to  be/  to  say  nothing 
which  could  be  laid  hold  of  for  any  pupose;  to  leave  the 
proclamation  to  explain  itself.  He  entered  pretty  fully 
into  all  the  argumentation  of  Pacificus;  he  justified  the 
right  of  the  President  to  declare  his  opinion  for  a  future 
neutrality,  and  that  there  existed  no  circumstances  to 
oblige  the  United  States  to  enter  into  the  war  on  account 
of  the  guarantee;  and  that  in  agreeing  to  the  proclama 
tion,  he  meant  it  to  be  understood  as  conveying  both 


1793  ANAS  of  THOMAS  JEFFERSON.          179 

those  declarations;  viz.  neutrality,  and  that  the  casus 
foederis  on  the  guarantee  did  not  exist.  Notwithstand 
ing  these  declarations  of  the  President,  he  admitted 
the  Congress  might  declare  war.  In  like  manner,  they 
might  declare  war  in  the  face  of  a  treaty,  and  in  direct 
infraction  of  it.  Among  other  positions  laid  down  by 
him,  this  was  with  great  positiveness,  that  the  consti 
tution  having  given  power  to  the  President  and  Senate 
to  make  treaties,  they  might  make  a  treaty  of  neutrality 
which  should  take  from  Congress  the  right  to  declare 
war  in  that  particular  case,  and  that  under  the  form  o 
a  treaty  they  might  exercise  any  powers  whatever,  even 
those  exclusively  given  by  the  constitution  to  the  House 
of  Representatives.  Randolph  opposed  this  position, 
and  seemed  to  think  that  where  they  undertook  to  do 
acts  by  treaty,  (as  to  settle  a  tariff  of  duties,)  which  were 
exclusively  given  to  the  Legislature,  that  an  act  of  the 
Legislature  would  be  necessary  to  confirm  them,  as 
happens  in  England,  when  a  treaty  interferes  with  duties 
established  by  law.  I  insisted  that  in  giving  to  the 
President  and  Senate  a  power  to  make  treaties,  the  con 
stitution  meant  only  to  authorize  them  to  carry  into 
effect,  by  way  of  treaty,  any  powers  they  might  con 
stitutionally  exercise.  I  was  sensible  of  the  weak  points 
in  this  position,  but  there  were  still  weaker  in  the  other 
hypothesis ;  and  if  it  be  impossible  to  discover  a  rational 
measure  of  authority  to  have  been  given  by  this  clause, 
I  would  rather  suppose  that  the  cases  which  my  hy 
pothesis  would  leave  unprovided,  were  not  thought  of  by 
the  Convention,  or  if  thought  of,  could  not  be  agreed 
on,  or  were  thought  on  and  deemed  unnecessary  to  be  in 
vested  in  the  government.  Of  this  last  description,* were 
treaties  of  neutrality,  treaties  offensive  and  defensive, 
&c.  In  every  event,  I  would  rather  construe  so  nar- 


180  ANAS  of  THOMAS  JEFFERSON.  1793 

rowly  as  to  oblige  the  nation  to  amend,  and  thus  declare 
what  powers  they  would  agree  to  yield,  than  too  broadly, 
and  indeed,  so  broadly  as  to  enable  the  executive  and 
Senate  to  do  things  which  the  constitution  forbids.  On 
the  question,  which  form  of  explaining  the  principles 
of  the  proclamation  should  be  adopted,  I  declared  for 
Randolph's,  though  it  gave  to  that  instrument  more 
objects  than  I  had  contemplated.  Knox  declared  for 
Hamilton's.  The  President  said  he  had  had  but  one 
object,  the  keeping  our  people  quiet  till  Congress  should 
meet;  that  nevertheless,  to  declare  he  did  not  mean  a 
declaration  of  neutrality,  in  the  technical  sense  of  the 
phrase,  might  perhaps  be  crying  pec  cam  before  he  was 
charged.  However,  he  did  not  decide  between  the  two 
draughts. 

November  23d.  At  the  President's.  Present,  Knox, 
Randolph,  and  Th:  JefTerson.  vSubject,  the  heads  of  the 
speech.  One  was,  a  proposition  to  Congress  to  fortify 
the  principal  harbors.  I  opposed  the  expediency  of  the 
General  Government's  undertaking  it,  and  the  expedi 
ency  of  the  President's  proposing  it.  It  was  amended 
by  substituting  a  proposition  to  adopt  means  for  en 
forcing  respect  to  the  jurisdiction  of  the  United  States 
within  its  waters.  It  was  proposed  to  recommend  the 
establishment  of  a  military  academy.  I  objected  that 
none  of  the  specified  powers  given  by  the  constitution 
to  Congress,  would  authorize  this.  It  was,  therefore, 
referred  for  further  consideration  and  inquiry.  Knox 
was  for  both  propositions.  Randolph  against  the  for 
mer,  but  said  nothing  as  to  the  latter.  The  President 
acknowledged  he  had  doubted  of  the  expediency  of  under 
taking  the  former ;  and  as  to  the  latter,  though  it  would 
be  a  good  thing,  he  did  not  wish  to  bring  on  anything 


1793  ANAS  of  THOMAS  JEFFERSON.  181 

which  might  generate  heat  and  ill  humor.     It  was  agreed 
that  Randolph  should  draw  the  speech  and  the  messages 

November  28th.     We  met  at  the  President's. 

I  read  over  a  list  of  the  papers  copying,  to  be  com 
municated  to  Congress  on  the  subject  of  Mr.  Genet.  It 
was  agreed  that  Genet's  letter  of  August  13th  to  the 
President,  mine  of  August  16th,  and  Genet's  of  November 
to  myself  and  the  Attorney  General,  desiring  a  prosecu 
tion  of  Jay  and  King  should  not  be  sent  to  the  legisla 
ture  :  on  a  general  opinion,  that  the  discussion  of  the  fact 
certified  by  Jay  and  King  had  better  be  left  to  the 
channel  of  the  newspapers,  and  in  the  private  hands 
in  which  it  now  is,  than  for  the  President  to  meddle 
in  it,  or  give  room  to  a  discussion  of  it  in  Congress. 

E.  Randolph  had  prepared  a  draught  of  the  speech. 
The  clause  recommending  fortifications  was  left  out;  but 
that  for  a  military  academy  was  inserted.  I  opposed 
it,  as  unauthorized  by  the  constitution.  Hamilton  and 
Knox  approved  it  without  discussion.  Randolph  was 
for  it,  saying  that  the  words  of  the  constitution  author 
izing  Congress  to  lay  taxes,  &c.,  for  the  common  defence, 
might  comprehend  it.  The  President  said  he  would 
not  choose  to  recommend  anything  against  the  consti 
tution,  but  if  it  was  doubtful,  he  was  so  impressed  with 
the  necessity  of  this  measure,  that  he  would  refer  it  to 
Congress,  and  let  them  decide  for  themselves  whether 
the  constitution  authorized  it  or  not.  It  was,  therefore 
left  in.  I  was  happy  to  see  that  Randolph  had,  by  acci 
dent,  used  the  expression  "our  republic,"  in  the  speech. 
The  President,  however,  made  no  objection  to  it,  and  so, 
as  much  as  it  had  disconcerted  him  on  a  former  occasion 
with  me,  it  was  now  put  into  his  own  mouth  to  be  pro 
nounced  to  the  two  Houses  of  legislature. 


182  ANAS  of  THOMAS  JEFFERSON.  1793 

No  material  alterations  were  proposed  or  made  in  any 
part  of  the  draught. 

After  dinner,  I  produced  the  draught  of  messages  on 
he  subject  of  France  and  England,  proposing  that  that 
relative  to  Spain  should  be  subsequent  and  secret. 

Hamilton  objected  to  the  draught  in  to  to;  said  that 
the  contrast  drawn  between  the  conduct  of  France  and 
England  amounted  to  a  declaration  of  war.  He  denied 
that  France  had  ever  done  us  favors;  that  it  was  mean 
for  a  nation  to  acknowledge  favors;  that  the  dispositions 
of  the  people  of  this  country  towards  France,  he  con 
sidered  as  a  serious  calamity;  that  the  executive  ought 
not,  by  an  echo  of  this  language,  to  nourish  that  dispo 
sition  in  the  people;  that  the  offers  in  commerce  made 
us  by  France,  were  the  offspring  of  the  moment,  of  cir 
cumstances  which  would  not  last,  and  it  was  wrong  to 
receive  as  permanent,  things  merely  temporary;  that  he 
could  demonstrate  that  Great  Britain  showed  us  more 
favors  than  France.  In  complaisance  to  him  I  whittled 
down  the  expressions  without  opposition ;  struck  out  that 
of  "favors  ancient  and  recent"  from  France;  softened 
some  terms,  and  omitted  some  sentiments  respecting 
Great  Britain.  He  still  was  against  the  whole,  but  in 
sisted  that,  at  any  rate,  it  should  be  a  secret  communi 
cation,  because  the  matters  it  stated  were  still  depend 
ing.  These  were,  1,  the  inexecution  of  the  treaty;  2,  the 
restraining  our  corn  commerce  to  their  own  ports  and 
those  of  their  friends.  Knox  joined  Hamilton  in  every 
thing.  Randolph  was  for  the  communications;  that 
the  documents  respecting  the  1st  should  be  given  in  as 
public;  but  that  those  respecting  the  2nd  should  not  be 
given  to  the  legislature  at  all,  but  kept  secret.  I  be 
gan  to  tremble  now  for  the  whole,  lest  all  should  be  kept 
secret.  I  urged,  especially,  the  duty  now  incumbent  on 


1793  ANAS  of  THOMAS  JEFFERSON.  183 

the  President,  to  lay  before  the  legislature  and  the  pnblic 
what  had  passed  on  the  inexecution  of  the  treaty,  since 
Mr.  Hammond's  answer  of  this  month  might  be  con 
sidered  as  the  last  we  should  ever  have ;  that,  therefore, 
it  could  no  longer  be  considered  as  a  negotiation  pend 
ing.  I  urged  that  the  documents  respecting  the  stopping 
our  corn  ought  also  to  go,  but  insisted  that  if  it  should 
be  thought  better  to  withhold  them,  the  restrictions 
should  not  go  to  those  respecting  the  treaty ;  that  neither 
of  these  subjects  was  more  in  the  state  of  pendency  than 
the  recall  of  Mr.  Genet,  on  which,  nevertheless,  no 
scruples  had  been  expressed.  The  President  took  up 
the  subject  with  more  vehemence  than  I  have  seen  him 
show,  and  decided  without  reserve,  that  not  only  what 
had  passed  on  the  inexecution  of  the  treaty  should  go  in 
as  public,  (in  which  Hamilton  and  Knox  had  divided  in 
opinion  from  Randolph  and  myself,)  but  also  that  those 
respecting  the  stopping  our  corn  should  go  in  as  public, 
(wherein  Hamilton,  Knox,  and  >  Randolph  had  been 
against  me).  This  was  the  first  instance  I  had  seen  of 
his  deciding  on  the  opinion  of  one  against  that  of  three 
others,  which  proved  his  own  to  have  been  very  strong. 

December  1st,  1793.  Beckley  tells  me  he  had  the  fol 
lowing  fact  from  Lear.  Langdon,  Cabot,  and  some 
others  of  the  Senate,  standing  in  a  knot  before  the  fire 
after  the  Senate  had  adjourned,  and  growling  together 
about  some  measure  which  they  had  just  lost;  "Ah!" 
said  Cabot,  "things  will  never  go  right  till  you  have  a 
President  for  life,  and  an  hereditary  Senate."  Langdon 
told  this  to  Lear,  who  mentioned  it  to  the  President. 
The  President  seemed  struck  with  it,  and  declared  he 
had  not  supposed  there  was  a  man  in  the  United  States 
who  could  have  entertained  such  an  idea. 


184  ANAS  of  THOMAS  JEFFERSON.  1797 


March  2d,  1797.  I  arrived  at  Philadelphia  to  qual 
ify  as  Vice- President,  and  called  instantly  on  Mr.  Adams, 
who  lodged  at  Francis's,  in  Fourth  street.  The  next 
morning  he  returned  my  visit  at  Mr.  Madison's,  where 
1  lodged.  He  found  me  alone  in  my  room,  and  shutting 
the  door  himself,  he  said  he  was  glad  to  find  me  alone, 
for  that  he  wished  a  free  conversation  with  me.  He 
entered  immediately  on  an  explanation  of  the  situation 
of  our  affairs  with  France,  and  the  danger  of  rupture 
with  that  nation,  a  rupture  which  would  convulse  the 
attachments  of  this  country;  that  he  was  impressed  with 
the  necessity  of  an  immediate  mission  to  the  Directory; 
that  it  would  have  been  the  first  wish  of  his  heart  to 
have  got  me  to  go  there,  biit  that  he  supposed  it  was  out 
of  the  question,  as  it  did  not  seem  justifiable  for  him  to 
send  away  the  person  destined  to  take  his  place  iu  case 
of  accident  to  himself,  nor  decent  to  remove  from  com 
petition  one  who  was  a  rival  in  the  public  favor.  That 
he  had,  therefore,  concluded  to  send  a  mission,  which, 
by  its  dignity,  should  satisfy  France,  and  by  its  se 
lection  from  the  three  great  divisions  of  the  continent, 
should  satisfy  all  parts  of  the  United  States;  in  short, 
that  he  had  determined  to  join  Gerry  and  Madison  to 
Pinckney,  and  he  wished  me  to  consult  Mr.  Madison 
for  him.  I  told  him  that  as  to  myself,  I  concurred  in 
tr.e  opinion  of  the  'nipropriety  of  my  leaving  the  post 
assigned  me,  and  that  my  inclinations,  moreover,  would 
never  permit  me  to  cross  the  Atlantic  again ;  that  I  would 
as  he  desired,  consult  Mr.  Madison,  but  I  feared  it  was 
desperate,  as  he  had  refused  that  mission  on  my  leaving 
it,  in  General  Washington's  time,  though  it  was  kept 
open  a  twelvemonth  for  him.  He  said  that  if  Mr.  Madi- 


1797  ANAS  of  THOMAS  JEFFERSON.  185 

son  should  refuse,  he  would  still  appoint  him,  and  leave 
the  responsibility  on  him.  I  consulted  Mr.  Madison, 
who  declined  as  I  expected.  I  think  it  was  on  Monday 
the  6th  of  March,  Mr.  Adams  and  myself  met  at  dinner 
at  General  Washington's,  and  we  happened,  in  the  even 
ing,  to  rise  from  table  and  come  away  together.  As 
soon  as  we  got  into  the  street,  I  told  him  the  event  of 
my  negotiation  with  Mr.  Madison.  He  immediately 
said,  that,  on  consultation,  some  objections  to  that 
nomination  had  been  raised  which  he  had  not  contem 
plated;  and  was  going  on  with  excuses  which  evidently 
embarrassed  him,  when  we  came  to  Fifth  street,  where 
our  road  separated,  his  being  down  Market  street,  mine 
off  along  Fifth,  and  we  took  leave;  and  he  never  after 
that  said  one  word  to  me  on  the  subject,  or  ever  con 
sulted  me.  as  to  any  measures  of  the  government?  The 
opinion  I  formed  at  the  time  on  this  transaction,  was, 
that  Mr.  Adams,  in  the  first  moments  of  the  enthusiasm 
of  the  occasion,  (his  inauguration,)  forgot  party  senti 
ments,  and  as  he  never  acted  on  any  system,  but  always 
governed  by  the  feeling  of  the  moment,  he  thought,  for 
a  moment,  to  steer  impartially  between  the  parties; 
that  Monday,  the  6th  of  March,  being  the  first  time  he 
had  met  his  cabinet,  on  expressing  ideas  of  this  kind, 
he  had  been  at  once  diverted  from  them,  and  re 
turned  to  his  former  party  views. 

July,  1797.  Murray  is  rewarded  for  his  services  by 
an  appointment  to  Amsterdam;  W.  Smith  of  Charleston, 
to  Lisbon. 

August  24//?.  About  the  time  of  the  British  treaty, 
Hamilton  and  Talleyrand,  bishop  of  Autun,  dined  to 
gether,  and  Hamilton  drank  freely.  Conversing  on  the 


186  ANAS  of  THOMAS  JEFFERSON.  1797 

treaty,  Talleyrand  says  "mais  vraiment  Monsieur  Ham 
ilton,  ce  n'est  pas  bien  honnete,  after  making  the  Senate 
ratify  the  treaty,  to  advise  the  President  to  reject  it." 
"The  treaty/'  says  Hamilton,  "is  an  execrable  one, 
and  Jay  was  an  old  woman  for  making  it ;  but  the  whole 
credit  of  saving  us  from  it  must  be  given  to  the  Presi 
dent."  After  circumstances  had  led  to  a  conclusion  that 
the  President  also  must  ratify  it,  he  said  to  the  same  Tal 
leyrand,  "though  the  treaty  is  a  most  execrable  one,  yet 
when  once  we  have  come  to  a  determination  on  it,  we 
must  carry  it  through  thick  and  thin,  right  or  wrong." 
Talleyrand  told  this  to  Volney,  who  told  it  to  me. 

There  is  a  letter  now  appearing  in  the  papers  from 
Pickering  to  Monroe,  dated  July  the  24th,  1797,  which 
I  am  satisfied  is  written  by  Hamilton.  He  was  in  Phila 
delphia  at  that  date. 

October  13th,  1797.  Littlepage,  who  has  been  on  one 
or  two  missions  from  Poland  to  Spain,  said  that  when 
Gardoqui  returned  from  America,  he  settled  with  his 
court  an  account  of  secret  service  money  of  six  hundred 
thousand  dollars.  Ex  relatione  Colonel  Monroe. 


December  26th,  1797.  Langdon  tells  me,  that  at  the 
second  election  of  President  and  Vice- President  of  the 
United  States,  when  there  was  a  considerable  vote  given 
to  Clinton  in  opposition  to  Mr.  Adams,  he  took  occasion 
to^remark  it  in  conversation  in  the  Senate  chamber  with 
Mr.  Adams,  who,  gritting  his  teeth,  said,  "damn  'em, 
damn  'em,  damn  'em,  you  see  that  an  elective  govern 
ment  will  not  do."  He  also  tells  me  that  Mr.  Adams, 
in^a  late  conversation,  said,  "republicanism  must  be 
disgraced,  Sir."  The  Chevalier  Yruho  called  on  him  at 


1798  ANAS  of  THOMAS  JEFFERSON.  187 

Braintree  and  conversing  on  French  affairs,  and  Yruho 
expressing  his  belief  of  their  stability,  in  opposition  to 
Mr.  Adams',  the  latter  lifting  up  and  shaking  his  ringer 
at  him.  said,  "I'll  tell  you  what,  the  French  republic  will 
not  last  three  months."  This  I  had  from  Yruho. 

Harper,  lately  in  a  large  company,  was  saying  that 
the  best  thing  the  friends  of  the  French  could  do, was  to 
pray  for  the  restoration  of  their  monarch.  "Then," 
says  a  bystander,  "the  best  thing  we  could  do,  I  sup 
pose,  would  be  to  pray  for  the  establishment  of  a  mon 
arch  in  the  United  States."  "Our  people,"  says  Harper 
"are  not  yet  ripe  for  it,  but  it  is  the  best  thing  we  can 
come  to,  and  we  shall  come  to  it."  Something  like  this 
was  said  in  presence  of  Findlay.* 

December  27th.  Tenche  Coxe  tells  me,  that  a  little 
before  Hamilton  went  out  of  office,  or  just  as  he  was 
going  out,  taking  with  him  his  last  conversation,  and 
among  other  things,  on  the  subject  of  their  differences, 
"for  my  part,"  says  he,  "I  avow  myself  a  monarchist; 
1  have  no  objection  to  a  trial  being  made  of  this  thing  of 
a  republic,  but,"  £c. 


January  5th,  1798.  I  receive  a  very  remarkable  fact 
indeed  in  our  history,  from  Baldwin  and  Skinner.  Be 
fore  the  establishment  of  our  present  government,  a  very 
extensive  cotnbination  had  taken  place  in  New  York 
and  the  eastern  States,  among  that  description  of  people 
who  were  partly  monarchical  in  principle,  or  frightened 
with  Shay's  rebellion  and  the  impotence  of  the  old  Con- 


*  Mar.  1798.    He  now  denies  it  in  the  public  papers  though  it  can  be    proved 
by  several  members.       T.  J. 


188  ANAS  of  THOMAS  JEFFERSON.  1798 

gress.  Delegates  in  different  places  had  actually  had 
consultations  on  the  subject  of  seizing  on  the  powers  of 
a  government,  and  establishing  them  by  force ;  had  cor 
responded  with  one  another,  and  had  sent  a  deputy  to 
General  Washington  to  solicit  his  co-operation.  He 
calculated  too  well  to  join  them.  The  new  convention  was 
in  the  meantime  proposed  by  Virginia  and  appointed. 
These  people  believed  it  impossible  the  States  should  ever 
agree  on  a  government,  as  this  must  include  the  impost 
and  all  the  other  powers  which  the  States  had,  a  thou 
sand  times,  refused  to  the  general  authority.  They 
therefore  let  the  proposed  convention  go  on,  not  doubting 
its  failure,  and  confiding  that  on  its  failure  would  be  a 
still  more  favorable  moment  for  their  enterprise.  They 
therefore  wished  it  to  fail,  and  especially,  when  Hamilton, 
their  leader,  brought  forward  his  plan  of  government, 
failed  entirely  in  carrying  it,  and  retired  in  disgust  from 
the  convention.  His  associates  then  took  every  method 
to  prevent  any  form  of  government  being  agreed  to. 
But  the  well-intentioned  never  ceased  trying,  first  one 
thing,  then  another,  till  they  could  get  something  agreed 
to.  The  final  passage  and  adoption  of  the  constitution 
completely  defeated  the  views  of  the  combination,  and 
saved  us  from  an  attempt  to  establish  a  government 
over  us  by  force.  This  fact  throws  a  blaze  of  light  on 
the  conduct  of  several  members  from  New  York  and  the 
eastern  States  in  the  convention  of  Annapolis,  and  the 
grand  convention.  At  that  of  Annapolis,  several  eastern 
members  most  vehemently  opposed  Madison's  pro 
position  for  a  more  general  convention,  with  more  gen 
eral  powers.  They  wished  things  to  get  more  and  more 
into  confusion,  to  justify  the  violent  measure  they  pro 
posed.  The  idea  of  establishing  a  government  by  rea- 


1798          ANAS  of  THOMAS  JEFFERSON.  189 

soning   and   agreement,    they   publicly   ridiculed   as  an 
Utopian  project,  visionary  and  unexampled. 

One  of  the  Secretaries  (says)  that  a  resolution  was 
formed  to  give  no  offence  to  any  person  who  did  not 
approve  of  the  proceedings  of  the  Executive,  and  that 
it  was  determined  to  recall  Monroe  whose  conduct  was 
not  consonant  with  the  views  of  the  Executive.  Davy 
said  they  expressed  very  hostile  dispositions  towards 
France,  and  he  wished  Logan  to  apprise  Adet  of  it,  who 
he  observed  was  a  good  kind  of  man,  ought  to  know  it, 
and  to  put  his  government  on  their  guard. 

February  $th,  1798.  Mr.  Baldwin  tells  me,  that  in  a 
conversation  yesterday  with  Goodhue,  on  the  state  of 
our  affairs,  Goodhue  said,  "I'll  tell  you  what,  I  have 
made  up  my  mind  on  this  subject;  I  would  rathe*  the 
old  ship  should  go  down  than  not;"  (meaning  the  Union 
of  the  States.)  Mr.  Hillhouse  corning  up,  "Well,"  says 
Mr.  Baldwin,  "I'll  tell  my  old  friend  Hillhouse  what  you 
say;"  and  he  told  him.  "Well,"  says  Goodhue,  "I 
repeat  that  I  would  rather  the  old  ship  should  go  down, 
if  we  are  to  be  always  kept  pumping  so."  "Mr.  Hill- 
house,"  says  Baldwin,  "you  remember  when  we  were 
learning  logic  together  at  school,  there  was  the  case 
categorical  and  the  case  hypothetical.  Mr.  Goodhue 
stated  it  to  me  first  as  the  case  categorical.  1  am  glad  to 
see  that  he  now  changes  it  to  the  case  hypothetical,  by 
adding,  'if  we  are  always  to  be  kept  pumping  so.'  " 
Baldwin  went  on  then  to  remind  Goodhue  what  an  ad 
vocate  he  had  been  for  our  tonnage  duty,  (wanting  to 
make  it  one  dollar  instead  of  fifty  cents;)  and  how  im 
patiently  he  bore  the  delays  of  Congress  in  proceeding  to 
retaliate  on  Great  Britain  before  Mr.  Madison's  pro- 


190  ANAS  of  THOMAS  JEFFERSON.  1798 

positions  came  on;  Goodhue  acknowledged  that  his 
opinions  had  changed  bince  that. 

February  15th,  1798.  I  dined  this  day  with  Mr. 
Adams,  (the  President.)  The  company  was  large. 
After  dinner  I  was  sitting  next  to  him,  and  our  conversa 
tion  was  first  on  the  enormous  price  of  labor,*  house 
rent,  and  other  things.  We  both  concurred  in  ascribing 
it  chiefly  to  the  floods  of  bank  paper  now  afloat,  and  in 
condemning  those  institutions.  We  then  got  on  the 
constitution;  and  in  the  course  of  our  conversation  he 
said,  that  no  republic  could  ever  last  which  had  not  a 
Senate,  and  a  Senate  deeply  and  strongly  rooted,  strong 
enough  to  bear  up  against  all  popular  storms  and  pas 
sions;  that  he  thought  our  Senate  as  well  constituted 
as  it  could  have  been,  being  chosen  by  the  legislatures; 
for  if  these  could  not  support  them,  he  did  not  know 
what  could  do  it;  that  perhaps  it  might  have  been  as 
well  for  them  to  be  chosen  by  the  State  at  large,  as  that 
would  insure  a  choice  of  distinguished  men,  since  none 
but  such  could  be  known  to  a  whole  people;  that  the 
only  fault  in  our  Senate  was,  that  it  was  not  durable 
enough;  that  hitherto,  it  had  behaved  very  well;  how 
ever,  he  was  afraid  they  would  give  way  in  the  end. 
That  as  to  trusting  to  a  popular  assembly  for  the  pre 
servation  of  our  liberties,  it  was  the  merest  chimera 
imaginable;  they  never  had  any  rule  of  decision  but 
their  own  will;  that  he  would  as  lieve  be  again  in  the 
hands  of  our  old  committees  of  safety,  who  made  the 
law  and  executed  it  at  the  same  time;  that  it  had  been 
observed  by  some  writer,  (I  forget  whom  he  named,) 
that  anarchy  did  more  mischief  in  one  night,  than  ty- 

*  He  observed,  that  eight  or  ten  years  ago,  he  gave  only  fifty  dollars  to  a 
ommon  laborer  for  his  farm,  finding  him  board  and  lodging.  Now  he  gives 
ne  hundred  and  fifty  dollars,  and  even  two  hundred  dollars  to  one.  T.  J. 


1798  ANAS  of  THOMAS  JEFFERSON.  191 

ranny  in  an  age ;  and  that  in  modern  times  we  might  say 
with  truth,  that  in  France,  anarchy  had  done  more  harm 
in  one  night,  than  all  the  despotism  of  their  Kings  had 
ever  done  in  twenty  or  thirty  years.  The  point  in 
which  he  views  our  Senate,  as  the  collossus  of  the  con 
stitution,  serves  as  a  key  to  the  politics  of  the  Senate, 
who  are  two-thirds  of  them  in  his  sentiments,  and  ac 
counts  for  the  bold  line  of  conduct  they  pursue. 

March  1st.  Mr.  Tazewell  tells  me,  that  when  the  ap 
propriations  for  the  British  treaty  were  on  the  carpet, 
and  very  uncertain  in  the  lower  House,  there  being  at 
that  time  a  number  of  bills  in  the  hands  of  committees 
of  the  Senate,  none  reported,  and  the  Senate  idle  for 
want  of  them,  he,  in  his  place,  called  on  the  committees 
to  report,  and  particularly  on  Mr.  King,  who  was  of 
most  of  them.  King  said  that  it  was  true  the  com 
mittees  kept  back  their  reports,  waiting  the  event  of  the 
question  about  appropriation ;  that  if  that  was  not  car 
ried,  they  considered  legislation  as  at  an  end;  that  they 
might  as  well  break  up  and  consider  the  Union  as  dis 
solved.  Tazewell  expressed  his  astonishment  at  these 
ideas,  and  called  on  King  to  know  if  he  had  misappre 
hended  him.  King  rose  again  and  repeated  the  same 
words.  The  next  day  Cabot  took  an  occasion  in  de 
bate,  and  so  awkard  a  one  as  to  show  it  was  a  thing 
agreed  to  be  done,  to  repeat  the  same  sentiments  in 
stronger  terms,  and  carried  further,  by  declaring  a  de 
termination  on  their  side  to  break  up  and  dissolve 
the  government. 

March  lllh.  In  conversation  with  Baldwin  and 
Brown  of  Kentucky,  Brown  says  that  in  a  private  com 
pany  once,  consisting  of  Hamilton,  King,  Madison,  him- 


192  ANAS  of  THOMAS  JEFFERSON.  1798 

self,  and  some  one  else  making  a  fifth,  speaking  of  the 
"federal  government-"  "Oh!"  says  Hamilton,  "say 
the  federal  monarchy,  let  us  call  things  by  their  right 
names,  for  a  monarchy  it  is." 

Baldwin  mentions  at  table  the  following  fact .     When 
the  bank  bill  was  under  discussion  in  the  House  of  Re 
presentatives,  Judge  Wilson  came  in,  and  was  standing 
by  Baldwin.     Baldwin  reminded  him  of  the  following 
fact  which  passed  in  the  grand  convention.  Among  the 
enumerated  powers  given  to  Congress,  was  one  to  erect 
corporations.     It  was,  on  debate,  struck  out.     Several 
particular  powers  were  then  proposed.     Among  others, 
Robert  Morris  proposed  to  give  Congress  a  power  to  es 
tablish  a  national  bank.     Gouverneur  Morris  opposed  it, 
observing  that  it  was  extremely  doubtful  whether  the 
constitution  they  were  framing  could  ever  be  passed  at 
all  by  the  people  of  America;  that  to  give  it  its  best 
chance,  however,  they  should  make  it  as  palatable  as 
possible,   and   put  nothing  into  it  not  very  essential, 
which  might  raise  up  enemies;  that  his  colleague  (Robert 
Morris)  well  knew  that  "a  bank"    was,  in  their  State, 
(Pennsylvania,)  the  very  watch -word  of  party;  that  a 
bank  had  been  the  great  bone  of  contention  between 
the  two  parties  of  the  State  from  the  establishment  of 
their  constitution,  having  been  erected,  put  down,  and 
erected  again,  as  either  party  preponderated;  that  there 
fore,  to  insert  this  power,  would  instantly  enlist  against 
the  whole  instrument,  the  whole  of  the  anti-bank  party 
in  Pennsylvania.     Whereupon  it  was  rejected,   as  was 
every  other  special  power,  except  that  of  giving  copy 
rights  to  authors,  and  patents  to  inventors;  the  general 
power   of   incorporating   being   whittled   down   to   this 
shred.     Wilson  agreed  to  the  fact. 

Mr.    Hunter    of    South    Carolina,    who    lodges    with 


1798  ANAS  of  THOMAS  JEFFERSON.  193 

Rutledge  (J.  Rut  ledge,  junior),  tells  me  that  Rut- 
ledge  was  explaining  to  him  the  plan  they  proposed 
to  pursue  as  to  war  measures  when  Otis  carne  in: 
Rutledge  addressed  Otis.  Now,  sir,  says  he,  you 
must  come  forward  with  something  liberal  for  the 
southern  States,  fortify  their  harbors,  and  build  gal- 
lies,  in  order  to  obtain  their  concurrence.  Otis  said, 
we  insist  on  convoys  for  our  European  trade,  and  guarda 
ccstaf,  on  which  condition  alone  we  will  give  them 
gallics  and  fortifications.  Rutledge  observed,  that  in 
the  event  of  war,  McHenry  and  Pickering  must  go  out; 
Wolcott,  he  thought,  might  remain,  but  the  others  were 
incapable  of  conducting  a  war.  Otis  said  the  eastern 
people  would  never  abandon  Pickering,  he  must  be  re 
tained;  McHenry  might  go.  They  considered  together 
whether  General  Pinckney  would  accept  the  office  of 
Secretary  of  War.  They  apprehended  he  would  not. 
It  was  agreed  in  this  conversation  that  Sewall  had  more 
the  ear  of  the  President  than  any  other  person. 

March  12th.  When  the  bill  for  appropriations  was 
before  the  Senate,  Anderson  moved  to  strike  out  a  clause 
recognizing  (by  way  of  appropriation)  the  appointment 
of  a  committee  by  the  House  of  Representatives,  to  sit 
during  their  recess  to  collect  evidence  on  Blount's  case, 
denying  they  had  power,  but  by  a  law,  to  authorize  a 
committee  to  sit  during  recess.  Tracy  advocated  the 
motion,  and  said,  "We  may  as  well  speak  out.  The  com 
mittee  was  appointed  by  the  House  of  Representatives 
to  take  care  of  the  British  minister,  to  take  care  of  the 
Spanish  minister,  to  take  care  of  the  Secretary  of  State, 
in  short,  to  take  care  of  the  President  of  the  United 
States.  They  were  afraid  the  President  and  Secretary 
of  State  would  not  perform  the  office  of  collecting  evi- 


194  ANAS  of  THOMAS  JEFFERSON.  1798 

dence  faithfully;  that  there  would  be  collusion,  &c. 
Therefore,  the  House  appointed  a  committee  of  their 
own.  We  shall  have  them  next  sending  a  committee 
to  Europe  to  make  a  treaty,  &c.  Suppose  that  the 
House  of  Representatives  should  resolve,  that  after  the 
adjournment  of  Congress,  they  should  continue  to  sit 
as  a  committee  of  the  whole  House  during  the  whole 
recess."  This  shows  how  the  appointment  of  that  com 
mittee  has  been  viewed  by  the  President's  friends. 

April  5th.  Doctor  Rush  tells  me  he  had  it  from  Mrs. 
Adams,  that  not  a  scrip  of  a  pen  has  passed  between  the 
late  and  present  President  since  he  came  into  office. 

April  IZth.  New  instructions  of  the  British  govern 
ment  to  their  armed  ships  now  appear,  which  clearly 
infringe  their  treaty  with  us,  by  authorizing  them  to  take 
our  vessels  carrying  produce  of  the  French  colonies  from 
those  colonies  to  Europe,  and  to  take  vessels  bound  to 
a  blockaded  port.  See  them  in  Brown's  paper,  of  April 
the  18th,  in  due  form. 

The  President  has  sent  a  government  brig  to  France, 
probably  to  carry  despatches.  He  has  chosen  as  the 
bearer  of  these  one  Humphreys,  the  son  of  a  ship  car 
penter,  ignorant,  under  age,  not  speaking  a  word  of 
French,  most  abusive  of  that  nation,  whose  only  merit 
is,  the  having  mobbed  and  beaten  Bache  on  board  the 
frigate  built  here,  for  which  he  was  indicted  and  pun 
ished  by  fine. 

April  25th.  At  a  dinner  given  by  the  bar  to  the  fed 
eral  judges,  Chase  and  Peters;  present  about  twenty - 
four  lawyers,  and  William  Tilghman  ill  the  chair,  this 
toast  was  given,  "Our  King  in  old  England."  Observe 


1799  ANAS  of  THOMAS  JEFFERSON.  195 

the  double  entendre  on  the  word  King.  Du  Ponceau, 
who  was  one  of  the  bar  present,  told  this  to  Tenche 
Coxe,  who  told  me  in  presence  of  H.  Tazewell.  Dallas 
was  at  the  dinner;  so  was  Colonel  Charles  Sims,  of  Alex 
andria,  who  is  here  on  a  lawsuit  vs.  General  Irving. 

May  3d.  The  President  some  time  ago  appointed 
Steele,  of  Virginia,  a  commissioner  to  the  Indians,  and 
now  Secretary  of  the  Mississippi  Territory.  Steele 
was  a  Counsellor  of  Virginia,  and  was  voted  out  by  the 
Assembly  because  he  turned  tory.  He  then  offered  for 
Congress,  and  was  rejected  by  the  people.  Then  offered 
for  the  Senate  of  Virginia,  and  was  rejected.  The  Presi 
dent  has  also  appointed  Joseph  Hopkinson  commissioner 
to  make  a  treaty  with  the  Oneida  Indians.  He  is  a 
youth  of  about  twenty-two  or  twenty- three,  and  has  no 
other  merit  than  extreme  toryism  and  the  having  made 
a  poor  song  to  the  tune  of  the  President's  March. 


January,  1799.  In  a  conversation  between  Dr.  Ewen 
and  the  President,  the  former  said  one  of  his  sons  was 
an  aristocrat,  the  other  a  democrat.  The  President 
asked  if  it  was  not  the  youngest  who  was  the  democrat. 
"Yes,"  said  Ewen.  "Well,"  said  the  President,  "a  boy 
of  fifteen  who  is  not  a  democrat  is  good  for  nothing,  and 
he  is  no  better  who  is  a  democrat  at  twenty."  Ewen 
told  Hurt,  and  Hurt  told  me. 

January  \-\th.  Logan  tells  me  that  in  his  conversa 
tion  with  Pickering  on  his  arrival,  the  latter  abused 
Gerry  very  much;  said  he  was  a  traitor  to  his  country, 
and  had  deserted  the  post  to  which  he  was  appointed; 


196  ANAS  of  THOMAS  JEFFERSON.  1800 

that  the  French  temporized  at  first  with  Pinckney,  but 
found  him  too  much  of  a  man  for  their  purpose.  Logan 
observing,  that  notwithstanding  the  pacific  declarations 
of  France,  it  might  still  be  well  to  keep  up  the  inilitary 
ardor  of  our  citizens,  and  to  have  the  militia  in  good 
order;  "the  militia,"  said  Pickering,  "the  militia  never 
did  any  good  to  this  country,  except  in  the  single  affair 
of  Bunker  Hill;  that  we  must  have  a  standing  army  of 
fifty  thousand  men,  which  being  stationed  in  different 
parts  of  the  continent,  might  serve  as  rallying  points 
for  the  militia,  and  so  render  them  of  some  service."  In 
his  conversation  with  Mr.  Adams,  Logan  mentioned  the 
willingincss  of  the  French  to  treat  with  Gerry.  "And 
do  you  know  why,"  said  Mr.  Adams.  "Why,  sir?" 
said  Logan.  "Because,"  said  Mr.  Adams,  "they  know 
him  to  have  been  an  anti-federalist,  against  the  consti 
tution." 


January  2d,  1800.  Information  from  Tenche  Coxe. 
Mr.  Liston  had  sent  two  letters  to  the  Governor  of  Can 
ada  by  one  Sweezy.  He  had  sent  copies  of  them,  to 
gether  with  a  third  (original)  by  one  Cribs.  Sweezy 
was  arrested  (being  an  old  horse  thief),  and  his  papers 
examined.  T.  Coxe  had  a  sight  of  them.  As  soon  as  a 
rumor  got  out  that  there  were  letters  of  Mr.  Liston  dis 
closed,  but  no  particulars  yet  mentioned,  Mr.  Liston 
suspecting  that  Cribs  had  betrayed  him,  thought  it  best 
to  bring  all  his  three  letters,  and  lay  them  before  Picker 
ing,  Secretary  of  State.  Pickering  thought  them  all 
very  innocent.  In  hio  office  they  were  seen  by  a  Mr. 
Hodgden  of  New  Jersey,  commissary ^of  military  stores, 
and  the  intimate  friend  of  Pickering,  lit  happens  that 
there  is  some  land  partnership  between  Pickering 


1800  ANAS  of  THOMAS  JEFFERSON.         197 

Hodgden  and  Coxe,  so  that  the  latter  is  freely  and  in 
timately  visited  bv  Hodgden,  who,  moreover,  speaks 
freely  with  him  on  political  subjects.  They  were 
talking  the  news  of  the  day,  when  Mr.  Coxe  ob 
served  that  these  intercepted  letters  of  Liston  were 
serious  things;  (nothing  being  yet  out  but  a  gen 
eral  rumor).  Hodgden  asked  which  he  thought 
the  most  serious.  Coxe  said  the  second;  (for  he 
knew  yet  of  no  other).  Hodgden  said  he  thought 
little  of  any  of  them,  but  that  the  third  was  the 
most  exceptionable.  This  struck  Coxe,  who,  not  be 
traying  his  ignorance  of  a  third  letter,  asked  generally 
what  part  of  that  he  alluded  to.  Hodgden  said  to  that 
wherein  he  assured  the  Governor  of  Canada,  that  if  the 
French  invaded  Canada,  an  army  would  be  marched  from 
these  States  to  his  assistance.  After  this  it  became 
known  that  it  was  Sweezy  who  was  arrested,  and  not 
Cribs;  so  that  Mr.  Liston  had  made  an  unnecessary  dis 
closure  of  his  third  letter  to  Mr.  Pickering,  who,  how 
ever,  keeps  his  secret  for  him.  In  the  beginning  of  the 
conversation  between  Hodgden  and  Coxe,  Coxe  hap 
pened  to  name  Sweezy  as  the  bearer  of  the  letters. 
"That's  not  his  name,"  says  Hodgden  (for  he  did  not 
know  that  two  of  the  letters  had  been  sent  by  Sweezy 
also),  "his  name  is  Cribs."  This  put  Coxe  on  his  guard, 
and  sent  him  to  fishing  for  the  new  matter. 


January  10th.  Doctor  Rush  tells  me  that  he  had  it 
from  Samuel  Lynian,  that  during  the  X  Y  Z  Congress; 
the  federal  members  held  the  largest  caucus  they  ever 
had,  at  which  he  was  present,  and  the  question  was  pro 
posed  and  debated,  whether  they  should  declare  was 


198  ANAS  of  THOMAS  JEFFERSON.  1800 

against  France,  and  determined  in  the  negative.   Lyman 
was  against  it. 

Pie  tells  me  that  Mr.  Adams  told  him,  that  when  he 
came  on  in  the  fall  to  Trenton,  he  was  there  surrounded 
constantly  by  the  opponents  of  the  late  mission  to 
France.  That  Hamilton  pressing  him  to  delay  it,  said 
"Why,  sir,  by  Christmas,  Louis  the  XVIII  will  be  seated 
on  his  throne."  Mr.  Adams,  "By  whom?"  Hamilton, 
"By  the  coalition."  Mr.  Adams,  "Ah!  then  farewell  to 
the  independence  of  Europe.  If  a  coalition  moved  by 
the  finger  of  England,  is  to  give  a  government  to 
France,  there  is  an  end  to  the  independence  of  every 
country." 

January  }2th.  General  Samuel  Smith  says  that 
Pickering,  Wolcott,  and  McHenry,  wrote  a  joint  letter 
from  Trenton  to  the  President,  then  at  Braintree,  dis 
suading  him  from  the  mission  to  France.  Stoddard  re 
fused  to  join  in  it.  Stoddard  says  the  instructions  are 
such,  that  if  the  Directory  have  any  disposition  to  re 
conciliation,  a  treaty  will  be  made.  He  observed  to 
him,  also,  that  Ellsworth  looks  beyond  this  mission  to 
^  the  Presidential  chair.  That  with  this  view,  he  will 
endeavor  to  make  a  treaty,  and  a  good  one.  That 
Davie  has  the  same  vanity  and  views.  All  this  com 
municated  by  Stoddard  to  S.  Smith. 

January  13th.     Baer  and   Harrison  G.   Otis  told  J. 
Nicholas,  that  in  the  caucus  mentioned  ante  10th,  there 
«/     wanted  but  five  votes  to  produce  a  declaration  of  war. 
Baer  was  against  it. 

January  19//t.  W.  C.  Nicholas  tells  me,  that  in  a  con 
versation  with  Dexter  three  or  four  days  ago,  he  asked 


1800  ANAS  of  THOMAS  JEFFERSON.  199 

Dexter  whether  it  would  not  be  practicable  for  the 
States  to  agree  on  some  uniform  mode  of  choosing  elec 
tors  of  President.  Dexter  said,  "1  suppose  you  would 
prefer  an  election  by  districts."  "Yes,"  said  Nicholas, 
"I  think  it  would  be  best,  but  would  nevertheless  agree 
to  any  other  consistent  with  the  constitution."  Dexter 
said  he  did  not  know  what  might  be  the  opinion  of  his 
State,  but  his  own  was,  that  no  mode  of  election  would 
answer  any  good  purpose;  that  he  should  prefer  one  for 
life.  "On  that  reasoning,"  said  Nicholas,  '"you  should 
prefer  an  hereditary  one."  "No,"  he  said,  "we  are  not 
ripe  for  that  yet."  "1  suppose,"  added  he,  "this  doctrine 
is  not  very  popular  with  you."  "No,"  said  Nicholas, 
"it  would  effectually  damn  any  man  in  my  State."  "So 
it  would  in  mine,"  said  Dexter;  "but  I  am  under  no  in 
ducement  to  belie  my  sentiment,  I  have  nothing  to  ask 
from  anybody ;  I  had  rather  be  at  home  than  here,  there 
fore  I  speak  my  sentiments  freely."  Mr.  Nicholas,  a 
little  before  or  after  this,  made  the  same  proposition  of  a 
uniform  election  to  Ross,  who  replied  that  he  saw  no 
good  in  any  kind  of  election. 

"Perhaps,"  said  he,  "the  present  one  may  last  awhile." 
On  the  whole,  Mr.  Nicholas  thinks  he  perceives  in  that 
party,  a  willingness  and  a  wish  to  let  everything  go  from 
bad  to  worse,  to  amend  nothing,  in  hopes  it  may  bring 
on  confusion,  and  open  a  door  to  the  kind  of  govern 
ment  they  wish.  In  a  conversation  with  Gunn,  who 
goes  with  them,  but  thinks  in  some  degree  with  us,  Gunn 
told  him  that  the  very  game  which  the  minority  of  Penn 
sylvania  is  now  playing  with  McKean,  (see  substitute  of 
minority  in  lower  House,  and  address  of  Senate  in  upper), 
was  meditated  by  the  same  party  in  the  federal  govern 
ment  in  case  of  the  election  of  a  republican  President ;  and 
that  the  eastern  States  would  in  that  case  throw  things 


200  A/VAS  of  THOMAS  JEFFERSON.  1800 

into  confusion,  and  break  the  Union.  That  they  have  in 
a  great  degree  got  rid  of  their  paper,  so  as  no  longer  to 
be  creditors,  and  the  moment  they  cease  to  enjoy  the 
plunder  of  the  immense  appropriations  now  exclusively 
theirs,  they  would  aim  at  some  other  order  of  things. 

January  24th.  Mr.  Smith,  a  merchant  of  Hamburg, 
gives  me  the  following  information.  The  St.  Andrew's 
Club  of  New  York,  (all  of  Scotch  tories,)  gave  a  public 
dinner  lately.  Among  other  guests,  Alexander  Hamil 
ton  was  one.  After  dinner,  the  first  toast  was,  "The 
President  of  the  United  States."  It  was  drunk  without 
any  particular  approbation.  The  next  was,  "George 
the  Third."  Hamilton  started  up  on  his  feet,  and  in 
sisted  on  a  bumper  and  three  cheers.  The  whole  com 
pany  accordingly  rose  and  gave  the  cheers.  One  of 
them,  though  a  federalist,  was  so  disgusted  at  the  par 
tiality  shown  by  Hamilton  to  a  foreign  sovereign  over 
his  own  President,  that  he  mentioned  it  to  a  Mr.  Sch wart- 
house,  an  American  merchant  of  New  York,  who  men 
tioned  it  to  Smith. 

Mr.  Smith  also  tells  me,  that  calling  one  evening  on 
Mr.  Evans,  then  Speaker  of  the  House  of  Representa 
tives  of  Pennsylvania,  and  asking  the  news,  Evans  said 
Harper  had  been  just  there,  and  speaking  of  the  Presi 
dent's  setting  out  to  Braintree,  said,  "he  prayed  to  God 
that  his  horses  might  run  away  with  him,  or  some  other 
accident  happen  to  break  his  neck  before  he  reached 
Braintree."  This  was  indignation  at  his  having  named 
Murray,  &c.,  to  negotiate  with  France.  Evans  ap 
proved  of  the  wish. 

February  1st.  Doctor  Rush  tells  me  that  he  had  it 
from  Asa  Green,  that  when  the  clergy  addressed  General 


1800  ANAS  of  THOMAS  JEFFERSON.  201 

Washington  on  his  departure  from  the  government,  it 
was  observed  in  their  consultation,  that  he  had  never, 
on  any  occasion,  said  a  word  to  the  public  which  showed 
a  belief  in  the  Christian  religion,  and  they  thought  they 
should  so  pen  their  address,  as  to  force  him  at  length 
to  declare  publicly  whether  he  was  a  Christian  or  not. 
They  did  so.  However,  he  observed,  the  old  fox  was 
too  cunning  for  them.  He  answered  every  article  of 
their  address  particularly  except  that,  which  he  passed 
over  without  notice.  Rush  observes,  he  never  did  say 
a  word  on  the  subject  in  any  of  his  public  papers,  except 
in  his  valedictory  letter  to  the  Governors  of  the  States, 
when  he  resigned  his  commission  in  the  army,  wherein 
he  speaks  of  "the  benign  influence  of  the  Christian  re 
ligion." 

I  know  that  Gouverneur  Morris, who  pretended  to  be 
in  his  secrets  and  believed  himself  to  be  so,  has  often 
told  me  that  General  Washington  believed  no  more  of 
that  system  than  he  himself  did. 

March,  1800.  Heretical  doctrines  mantained  in  vSen- 
ate,  on  the  motion  against  the  Aurora.  That  there  is 
in  every  legal  body  of  men  a  right  of  self-preservation, 
authorizing  them  to  do  whatever  is  necessary  for  that 
purpose:  by  Tracy,  Read,  and  Lawrence. 

That  the  common  law  authorizes  the  proceeding  pro 
posed  against  the  Aurora,  and  is  in  force  here:  by  Read. 

That  the  privileges  of  Congress  are  and  ought  to  be 
indefinite:  by  Read. 

Tracy  says,  he  would  not  say  exactly  that  the  com 
mon  law  of  England  in  all  it's  extent  is  in  force  here;  but 
common  sense,  reason  and  morality,  which  are  the  found 
ations  of  the  common  law,  are  in  force  here,  and  estab 
lish  a  common  law.  He  held  himself  so  nearly  half  way 


202  ANAS  of  THOMAS  JEFFERSON.  1800 

between  the  common  law  of  England  and  what  every 
body  else  has  called  natural  law,  and  not  common  law, 
that  he  could  hold  to  either  the  one  or  the  other,  as  he 
should  find  expedient. 

Mar.  10,  1800.  Woodbury  Langdon  proposes  the 
following  changes: 

Lylley  the  present  marshal  to  be  removed:  a  violent 
inveterate  tory  appointed  by  the  influence  of  Rogers, 
former  marshal.  Has  lately  appointed  a  high  toned 
federalist  for  his  deputy.  William  Simmonds  recom 
mended  in  his  place  by  John  and  Woodbury  Langdon. 

Rogers  the  supervisor  to  be  removed.  He  was  a  violent 
revolutionary  tory.  He  was  the  ringleader  of  the  six 
teen  towns  on  Connecticut  River,  who  were  prevailed  on 
to  join  Vermont  in  going  over  to  the  British.  He  has 
spent  half  his  time  in  electioneering  activity.  Still 
mounts  and  glories  in  an  enormous  cockade. 

Nathaniel  Folsome  to  be  naval  officer  vice  Edward  St. 
Loe.  Livermore. 

March  llth.  Conversing  with  Mrs.  Adams  on  the  sub 
ject  of  the  writers  in  the  newspapers,  I  took  occasion  to 
mention  that  I  never  in  my  life  had,  directly  or  indi 
rectly,  written  one  sentence  for  a  newspaper;  which  is  an 
absolute  truth.  She  said  that  Mr.  Adams,  she  believed, 
had  pretty  well  ceased  to  meddle  in  the  newspapers, 
since  he  closed  the  pieces  on  Davila.  This  is  the  first 
direct  avowal  of  that  work  to  be  his,  though  long  and 
universally  understood  to  be  so. 

Mr.  Douse  of  Dedham  in  Massachusetts,  of  which  town 
Fisher  Ames  is,  corrects  information  I  had  formerly  re 
ceived  of  the  very  great  fortune  made  by  Ames  by  specu 
lating  in  the  funds.  He  believes  he  did  a  great  deal  for 


1800          ANAS  of  THOMAS  JEFFERSON.  203 

his  friends  Gore  and  Mason;  but  that  his  own  capital 
was  so  small  that  he  could  not  do  much  for  himself.  He 
supposes  him  worth  at  present  about  30,000  dollars,  some 
of  which,  he  doubts  not,  was  made  while  in  the  legis 
lature,  by  speculation ;  but  that  he  has  a  practice  at  the 
bar  worth  about  1000  pounds  a  year  lawful,  and  living 
frugally  he  lays  by  some  of  that.  A  great  deal  of  his 
capital  has  been  absorbed  by  building  a  very  elegant 
house.  He  says  he  is  a  man  of  the  most  irritable  and 
furious  temper  in  the  world ;  a  strong  monarchist. 

March  llth.  The  jury  bill  before  the  Senate.  Mr. 
Read  says  that  if  from  any  circumstance  of  inaptitude 
the  marshal  cannot  appoint  a  jury  analogously  with  the 
state  juries,  the  common  law  steps  in  and  he  may  name 
them  according  to  that.  And  Mar.  12.  Same  bill.  Mr. 
Chipman  speaking  of  the  case  of  Vermont  where  a  par 
ticular  mode  of  naming  jurors  was  in  force  under  a  for 
mer  law  of  that  state,  when  the  law  of  the  United  States 
passed  declaring  that  juries  shall  be  appointed  in  their 
courts  in  the  several  states  in  the  mode  now  in  use  in  the 
same  state.  Vermont  has  since  altered  their  mode  of 
naming  them.  Mr.  Chipman  admits  the  federal  courts 
cannot  adopt  the  new  mode,  but  in  that  case  he  says 
their  marshal  may  name  them  according  to  the  rules 
of  the  common  law.  Now  observe  that  that  is  a  part 
of  the  common  law  which  Vermont  had  never  adopted, 
but  on  the  contrary  had  made  a  law  of  their  own,  bet 
ter  suited  to  their  circumstances. 

March  14th.  Freneau,  in  Charleston,  had  the  print 
ing  of  the  laws  in  his  paper.  He  printed  a  pamphlet  of 
Pinckney's  letters  on  Rob  bins'  case.  Pickering  has 
given  the  printing  of  the  laws  to  the  tory  paper  of  that 


204  ANAS  of  THOMAS  JEFFERSON.  1800 

place,  though  not  of  half  the  circulation.     The  printing 
amounted  to  about  one  hundred  dollars  a  year. 

Mar.  19.  Same  subject.  Dexter  maintained  that  the 
common  law  as  to  crimes  is  in  force  in  the  courts  of  the 
United  States. 

Chiprnan  says  that  the  principles  of  common  right  are 
common  law.  And  he  says  the  common  law  of  Eng 
land  is  in  force  here.  There  being  no  law  in  Vermont 
for  appointing  juries  which  the  Marshal  can  follow, 
he  says  he  may  appoint  them  as  provided  by  the  com 
mon  law  of  England  though  that  part  of  the  common 
law  was  never  adopted  in  Vermont. 

March  21.  Mr.  John  Marshall  has  said  here  that 
had  he  not  been  appointed  Minister  to  France  he  was 
desperate  in  his  affairs,  and  must  have  sold  his  estate 
and  that  immediately.  That  that  appointment  was  the 
greatest  god-send  that  could  ever  have  befallen  a  man. 
I  have  this  from  J.  Brown  and  S.  T.  Mason. 

March  24th.  Mr.  Perez  Morton  of  Massachusetts 
tells  me  that  Thatcher,  on  his  return  from  the  war- Con 
gress,  declared  to  him  he  had  been  for  a  declaration  of  war 
against  France,  and  many  others  also;  but  that  on  count 
ing  noses  they  found  they  could  not  carry  it,  and  there 
fore  did  not  attempt  it. 

March  27th.  Judge  Breckenridge  gives  me  the  fol 
lowing  information.  He  and  Mr.  Ross  were  originally 
very  intimate;  indeed,  he  says,  he  found  him  keeping  a 
little  Latin  school,  and  advised  and  aided  him  in  the 
study  of  law,  and  brought  him  forward.  After  Ross  be 
came  a  Senator,  and  particularly  at  the  time  of  the  west- 


1800  ANAS  of  THOMAS  JEFFERSON.  205 



ern  insurrection,  they  still  were  in  concert.  After  the 
British  treaty,  Ross  on  his  return,  informed  him  there 
was  a  party  in  the  United  States  who  wanted  to  over 
turn  the  government,  who  were  in  league  with  France; 
that  France,  by  a  secret  article  of  treaty  with  Spain  was 
to  have  Louisiana;  and  that  Great  Britain  was  likely  to 
be  our  best  friend  and  dependence.  On  this  informa 
tion,  he,  Breckenridge,  was  induced  to  become  an  ad 
vocate  for  the  British  treaty.  During  this  intimacy 
with  Ross,  he  says,  that  General  Collot,  in  his  journey 
to  the  western  country,  called  on  him,  and  he  frequently 
led  Breckenridge  into  conversations  on  their  grievances 
under  the  government,  and  particularly  the  western  ex 
pedition;  that  he  spoke  to  him  of  the  advantages  that 
country  would  have  in  joining  France  when  she  should 
hold  Louisiana ;  showed  him  a  map  he  had  drawn  of  that 
part  of  the  country;  pointed  out  the  passes  in  the  moun 
tain,  and  the  facility  with  which  they  might  hold  them 
against  the  United  States,  and  with  which  France  could 
support  them  from  New  Orleans.  He  says,  that  in  these 
conversations,  Collet  let  himself  out  with  common  pru 
dence.  He  says,  Michaud,  (to  whom  I,  at  the  request  of 
Genet,  had  given  a  letter  of  introduction  to  the  Governor 
of  Kentucky  as  a  botanist,  which  was  his  real  profession,) 
called  on  him;  that  Michaud  had  a  commissary's  com 
mission  for  the  expedition,  which  Genet  had  planned 

from  that  quarter  against  the  Spaniards;  that  , 

the  late  Spanish  commandant  of  St.  Genevieve,  with 
one  Powers,  an  Englishman,  called  on  him.  That  from 
all  these  circumstances,  together  with  Ross'  stories,  he 
did  believe  that  there  was  a  conspiracy  to  deliver  our 
country,  or  some  part  of  it  at  least,  to  the  French;  that 
he  made  notes  of  what  passed  between  himself  and 
Collot  and  the  others,  and  lent  them  to  Mr.  Ross,  who 


206  ANAS  of  THOMAS  JEFFERSON.  1800 

gave  them  to  the  President,  by  whom  they  were  de 
posited  in  the  office  of  the  Board  of  War;  that  when  he 
complained  to  Ross  of  this  breach  of  confidence,  he  en 
deavored  to  get  off  by  compliments  on  the  utility  and 
importance  of  his  notes.  They  now  cooled  towards  each 
other;  and  his  opposition  to  Ross'  election  as  Governor 
has  separated  them  in  truth,  though  not  entirely  to 
appearance. 

Doctor  Rush  tells  me,  that  within  a  few  days  he  has 
heard  a  member  of  Congress  lament  our  separation  from 
Great  Britain,  and  express  his  sincere  wishes  that  we 
were  again  dependent  on  her. 

April  29,  1800.     Jury  bill  under  consideration. 

Mr.  Dexter  and  Hillhouse  and  Mr.  Read  insisted  in  the 
fullest  and  most  explicit  terms  that  the  common  law  of 
England  is  in  force  in  these  states  and  may  be  the  rule  of 
adjudication  in  all  cases  where  the  laws  of  the  United 
States  have  made  no  provision. 

Mr.  Livermore  seemed  to  urge  the  same,  though  he 
seemed  to  think  that  in  criminal  cases  it  might  be  neces 
sary  to  adopt  by  an  express  law. 

Mr.  Tracy  was  more  reserved  on  this  occasion.  He 
only  said  that  Congress  might  by  a  law  adopt  the  pro 
visions  of  the  common  law  on  any  subject,  by  a  refer 
ence  to  that,  without  detailing  the  particulars ;  as  in  this 
bill  it  was  proposed  that  the  marshals  should  summon 
juries  according  to  the  practice  of  the  common  L;w. 

December  23,  1800.  Major  Wm.  Munson,  bearer  of 
the  Connecticut  votes,  recommended  by  Pierre  Edwards 
as  a  good  Whig,  he  is  surveyor  of  the  (  )  of  New 
Haven,  was  a  good  officer  in  the  revolutionary  war. 

He  says  that  about  a  twelvemonth  ago  the  Marshal 


1800  ANAS  of  THOMAS  JEFFERSON.  207 

of  that  state  turned  out  his  deputy  Marshal,  because  he 
summoned  some  republicans  on  the  grand  jury.  It 
seems  the  Marshal  summons  the  juries  for  the  Federal 
courts. 

See  a  letter  from  Governor  McKean  on  the  conduct  of 
General  Hand,  Robert  Coleman,  and  Henry  Miller, 
supervisors  for  Pennsylvania  while  their  legislature  were 
on  the  appointment  of  Electors. 

Doctor  Jarvis  of  Boston  is  a  man  of  abilities,  a  firm 
Whig,  but  passionate,  hot-headed,  obstinate  and  im- 
pliant. 

Doctor  Eustis  is  of  equal  abilities,  amiable  and  almost 
too  accommodating,  was  once  rather  a  trimmer,  and 
was  forced  by  the  Federalists  to  become  decided  against 
them.  Ex  relatione  Baldwin. 

Colonel  Hitchburn's  account  is  different,  that  Eustis 
is  superficial  and  Jarvis  completely  profound. 

New  Hampshire.  Sherburne  an  able  lawyer,  repub 
lican  and  honest. 

South  Carolina.  There  is  a  (  )  Ramsay,  son  of 
Dr.  Ramsay,  a  judge  of  a  state  court,  a  good  lawyer,  of 
excellent  private  character,  eminent  abilities,  much  es 
teemed  and  republican.  His  character  from  General 
Sumpter.  The  father  is  also  republican. 

Hamilton  and  Doyley  of  South  Carolina,  attached  to 
the  state  treasury,  good  republicans. 

Brockhurst  Livingston,  very  able,  but  ill-tempered, 
selfish,  unpopular. 

Dewitt  Clinton,  very  able,  good,  rich  and  lazy,  very 
firm,  does  not  follow  any  profession.  Married  Osgood's 
daughter-in-law. 

Thomas  Sumter,  son  of  General  Sumter,  South  Caro 
lina.  A  man  of  solid  understanding.  Writes  correctly. 
Seems  discreet  and  virtuous,  follows  no  profession. 


208  ANAS  of  THOMAS  JEFFERSON.  1800 

Harrison,  of  Carlisle.  General  Hanna  tells  me  he  is 
as  able  a  lawyer  as  any  in  Pennsylvania  and  a  zealous 
republican. 

December  25th,  1800.  Colonel  Hitchburn  thinks  Dr. 
Eustis'  talents  specious  and  pleasing,  but  not  profound. 
He  tells  me  what  Col.  Monroe  had  before  told  me  of,  as 
coming  from  Hitchburn.  He  was  giving  me  the  char 
acters  of  persons  in  Massachusetts.  Speaking  of  Lowell, 
he  said  he  was,  in  the  beginning  of  the  Revolution,  a 
timid  whig,  but  as  soon  as  he  found  we  were  likely  to 
prevail,  he  became  a  great  office  hunter.  And  in  the 
very  breath  of  speaking  of  Lowell,  he  stopped:  says  he, 
I  will  give  you  a  piece  of  information  which  I  do  not 
venture  to  speak  of  to  others.  There  was  a  Mr.  Hale  in 
Massachusetts,  a  reputable,  worthy  man,  who  becoming 
a  little  embarrassed  in  his  affairs,  I  aided  him,  which 
made  him  very  friendly  to  me.  He  went  to  Canada  on 
some  business.  The  Governor  there  took  great  notice 
of  him.  On  his  return,  he  took  occasion  to  mention  to 
me  that  he  was  authorized  by  the  Governor  of  Canada 
to  give  from  three  to  five  thousand  guineas  each  to  him 
self  and  some  others,  to  induce  them,  not  to  do  anything 
to  the  injury  of  their  country,  but  to  befriend  a  good 
connection  between  England  and  it.  Hitchburn  said 
he  would  think  of  it,  and  asked  Hale  to  come  and  dine 
with  him  to-morrow.  After  dinner  he  drew  Hale  fully 
out.  He  told  him  he  had  his  doubts,  but  particularly, 
that  he  should  not  like  to  be  alone  in  such  a  business. 
On  that,  Hale  named  to  him  four  others  who  were  to  be 
engaged,  two  of  whom,  said  Hitchburn,  are  now  dead, 
and  two  living.  Hitchburn,  when  he  had  got  all  he 
wanted  out  of  Hale,  declined  in  a  friendly  way.  But 
he  observed  those  four  men,  from  that  moment,  to  es- 


1801  ANAS  of  THOMAS  JEFFERSON.  209 

pouse  the  interests  of  England,  in  every  point  and  on 
every  occasion.  Though  he  did  not  name  the  men  to 
me,  yet  as  the  speaking  of  Lowell  was  what  brought  it  to 
his  head  to  tell  me  this  anecdote,  I  concluded  he  was  one. 
From  other  circumstances  respecting  Stephen  Higgin- 
son,  of  whom  he  spoke,  I  conjectured  him  to  be  the  other 
living  one. 

December  26th.  In  another  conversation,  I  men 
tioned  to  Colonel  Hitchburn,  that  though  he  had  not 
named  names,  I  had  strongly  suspected  Higginson  to  be 
one  of  Hale's  men.  He  smiled  and  said,  if  I  had  strongly 
suspected  any  man  wrongfully  from  his  information,  he 
would  undeceive  me;  that  there  were  no  persons  he 
thought  more  strongly  to  be  suspected  himself,  than 
Higginson  and  Lowell.  I  considered  this  as  saying  they 
were  the  men.  Higginson  is  employed  in  an  import 
ant  business  about  our  navy. 


February  12th,  1801.  Edward  Livingston  tells  me, 
that  Bayard  applied  today  or  last  night  to  General 
Samuel  Smith,  and  represented  to  him  the  expediency 
of  his  coming  over  to  the  States  who  vote  for  Burr,  that 
there  was  nothing  in  the  way  of  appointment  which  he 
might  not  command,  and  particularly  mentioned  the 
Secretaryship  of  the  Navy.  Smith  asked  him  if  he  was 
authorized  to  make  the  offer.  He  said  he  was  author 
ized.  Smith  told  this  to  Livingston,  and  to  W.  C. 
Nicholas  who  confirms  it  to  me.  Bayard  in  like  manner 
tempted  Livingston,  not  by  offering  any  particular  office, 
but  by  representing  to  him  his,  Livingston's,  intimacy 
and  connection  with  Burr ;  that  from  him  he  had  every- 


210  ANAS  of  THOMAS  JEFFERSON.  1801 

thing  to  expect,  if  he  would  come  over  to  him.  To  Doc 
tor  Linn  of  New  Jersey,  they  have  offered  the  govern 
ment  of  New  Jersey.  See  a  paragraph  in  Martin's  Balti 
more  paper  of  February  the  10th,  signed,  "A  LOOKER 
ON,"  stating  an  intimacy  of  views  between  Harper  and 
Burr. 

February  14th.  General  Armstrong  tells  me,  that 
Gouverneur  Morris,  in  conversation  with  him  today  on 
the  scene  which  is  passing,  expressed  himself  thus.  "How 
comes  it,"  says  he,"that  Burr  who  is  four  hundred  miles 
cff,  (at  Albany,)  has  agents  here  at  work  with  great 
activity,  while  Jefferson,  who  is  on  the  spot,  does  noth 
ing?"  This  explain^  the  ambiguous  conduct  of  him 
self  and  his  nephew,  Lewis  Morris,  and  that  they  were 
holding  themselves  free  for  a  prize;  i.  e.,  some  office, 
either  to  the  uncle  or  nephew. 

February  16//z.  '  ee  in  the  Wilmington  Mirror  of  Feb 
ruary  the  14th,  Mr.  Bayard's  elaborate  argument  to 
prove  that  the  common  law,  as  modified  by  the  laws  of 
the  respective  States  at  the  epoch  of  the  ratification  of 
the  constitution,  attached  to  the  courts  of  the  United 
States. 

Mar.  8,  1S01.  New  Hampshire.  Restore  Whipple 
and  Gardner,  Collector,  and  Commissioner  of  loans. 

Change  no  other  except  the  recent  (?)  Livermore, 
naval  officer,  to  be  removed  by  and  by,  and  George  Went- 
worth  to  be  put  in  his  place. 

Massachusetts.  Change  only  the  new  District  At 
torney,  viz.  George  Blake  for  Otis. 

Maine.     Parker,  Marshal,  to  be  removed  by  and  by, 


1801  ANAS  of  THOMAS  JEFFERSON.  211 

a  very  violent  and  influential  and  industrious  federal 
put  in  not  very  fairly. 

Davis  the  Attorney  is  expected  to  resign,  and  Silas 
Lee  must  be  put  in  his  place. 

John  Lee,  Collector  of  Penobscot,  brother  of  Silas,  a 
refugee,  a  royalist,  and  very  violent. 

To  be  removed  when  we  appoint  his  brother  Attorney. 

Connecticut.  Mr.  Lincoln  to  consult  Edwards,  Jr., 
as  to  removing  Goodrich. 

Vermont.  Marshal  and  Attorney  to  be  removed  im 
mediately.  John  Willard  of  Addison  County  to  be  Mar 
shal.  Fay  rather  approved  for  Attorney. 

New  York.     Postponed. 

Jersey.  Propose  to  Linn  to  accept  Attorney's  place 
vice  Frelinghuysen.  Mr.  Gallatin  will  write.  Oliver 
Barnet  to  be  Marshal  when  Lowry  resigns. 

Turn  out  the  tory  collector,  an  atrocious  appoint 
ment. 

Pennsylvania.  Hall  to  be  removed.  Shee  to  be  ap 
pointed.  No,  see  Bulkley.  George  Reinhart  to  be 
keeper  of  public  stores  vice  Harris. 

General  William  Irvine  to  be  superintendent  military 
stores  vice  Hodgson. 

Peter  Muhlenberg  supervisor  vice  General  Henry  Mil 
ler,  but  not  till  after  May. 

Dallas,  Attorney  of  E.  district. 

Hamilton  do.  of  W.  district. 

Presley  Car  Lane  marshal  of  W.  district^vicc  Barclay, 
new  appointment. 

Delaware.  The  Collector  McLane  to;  be  retained. 
Enquire  as  to  Marshal  and  Collector. 

Maryland.  Hopkins,  Marshal  to  be  removed,  and 
Reuben  Etting  to  be  appointed. 


212  ANAS  of  THOMAS  JEFFERSON  1801 

Also  Zeb(ediah)  Hollingsworth  and  John  Scott  to  be 
appointed. 

Virginia.  D.  Randolph  to  be  removed.  Scott  to  be 
appointed. 

South  Carolina.  Adopt  C.  Pinckney's  nominations, 
but  take  time  till  after  session  of  Congress  1801-2. 

Georgia.  Only  the  collector  to  be  questioned.  Sup 
posed  a  delinquent.  Richard  Wyley  to  be  in  his  place ; 
he  is  now  loan  officer. 

Kentucky.  Colonel  Joseph  Crocket  vice  McDowell 
as  Marshal,  but  wait  proofs  of  extortion. 

General  rule.  Remove  no  collectors  till  called  on  for 
account  that  as  many  may  be  removed  as  defaulters 
as  are  such. 

Present  Gallatin,  Dearborne,  Lincoln. 

Mar.  8.  On  application  from  an  old  Col.  Wafford  pre  - 
sented  by  Mr.  Baldwin,  he  was  settled  near  the  Cherokee 
line,  but  supposed  on  our  side,  on  running  it  however  he 
was  left  on  their  side,  some  other  families  in  the  same 
situation:  approved  of  General  Dearborne's  writing  to 
Hawkins  to  negotiate  for  their  quiet,  and  that  we  will 
within  two  or  three  months  take  up  the  subject  and 
give  him  final  instructions. 

Mar.  9.  Prosecutions  under  Sedition  Law.  Remit 
the  fines  and  enter  nolle  proseque  in  the  prosecution  de 
pending  under  that  law,  to  wit,  Callendar  and  Brown 'are 
in  execution.  Duane  and under  prosecution. 

Present  as  before. 

Mr.  Lincoln  to  consult  Edward  Granger  Kirby  Wai- 
cot  as  to  Goodrich's  commission. 

Dawson  to  have  six  dollars  a  day. 


1801  ANAS  of  THOMAS  JEFFERSON.         213 

Two  frigates  to  cruise  in  West  Indies,  two  in  the  Medi 
terranean,  two  at  Isle  of  Bourbon. 

Sign  the  duty  proposed  by  Commissioners  of  Wash 
ington,  continuing  permission  to  build  houses  in  certain 
forms. 

May  15,  1801.  Shall  the  squadron  now  at  Norfolk 
be  ordered  to  cruise  in  the  Mediterranean.  What  shall 
be  the  object  of  the  cruise. 

Lincoln.  Our  men  of  war  may  repel  an  attack  on 
individual  vessels,  but  after  the  repulse,  may  not  pro 
ceed  to  destroy  the  enemy's  vessels  generally. 

Gallatin.  To  declare  war  and  to  make  war  is  synony 
mous.  The  Executive  can  not  put  us  in  a  state  of  war, 
but  if  we  be  put  into  that  state  either  by  the  decree  of 
Congress  or  of  the  other  nation,  the  command  and  di 
rection  of  the  public  force  then  belongs  to  the  Executive. 

Smith.  If  a  nation  commences  war,  the  Executive 
is  bound  to  apply  the  public  force  to  defend  the  country. 

Dearborne.  The  expedition  should  go  forward  openly 
to  protect  our  commerce  against  the  threatened  hostili 
ties  of  Tripoli. 

Madison.  That  the  cruise  ought  to  be  undertaken, 
and  the  object  openly  declared  to  every  nation.  All  con 
cur  in  the  expediency  of  cruise. 

Whether  the  Captains  may  be  authorized,  if  war  ex 
ists,  to  search  for  and  destroy  the  enemy's  vessels  wher 
ever  they  can  find  them?  All  except  Mr.  L.  agree  they 
should ;  M.  G.  and  S.  think  they  may  pursue  into  the  har 
bors,  but  M.  that  they  may  not  enter  but  in  pursuit. 

A  letter /to  the  Bey  of  Tripoli  by  the  President; 
send  a  year's  tribute  in  form  of  stores  by  a  ship.  Send 
30,000  dollars  by  frigates  on  the  idea  that  the  commu 
tation  of  stores  to  money  has  been  settled. 


214  ANAS  of  THOMAS  JEFFERSON.  1801 

May  16.  Murder  committed  by  Moorhead  and  Little, 
British  subjects,  on  a  person  within  the  limits  of  the 
United  States. 

The  case  of  Governor  Pinckney  and  Queseda  is  quoted. 
Also  the  demand  by  Mr.  Listen  of  Secretary  Pickering 
contra. 

Unanimous  not  to  demand  the  accessories  to  the  mur 
der. 

But  the  murderers  to  be  demanded. 

Governor  Serjeant  not  to  be  re-appointed — unani 
mous. 

May  17.  Treaty  proposed  with  Cherokees.  Agreed 
unanimously. 

Object.  1.  To  obtain  the  lands  between  Sumner  and 
Mero  district  offering  as  far  as  an  annuity  of  1000  dollars 
and  a  sum  in  gross  not  exceeding  5000  dollars. 

2.  If  not  obtainable,  then  buy  all  the  accomoda- 
tions  on  the  road  between  the  two  districts  at  such  sum 
in  gross  as  the  Commissioners  think  fit. 

To  treat  with  Chickasaws.  1.  To  buy  their  lands 
north  of  Kentucky  boundary. 

2.  To  obtain  road  and  houses  of  accomodation  for 
travellers  from  Tennessee  towards  Natchez,  but  if  treat 
ies  for  the  lands  is  offensive  to  Chickasaws,  then  confine 
their  proposition  to  the  road.  Price  discretionary  in 
Commissioners. 

To  treat  with  Choctaws  for  road,  price  discretionary. 
They  also  to  fix  on  the  three  trading  posts  reserved  in  our 
former  treaties  to  treat  with  the  Creeks.' |  1.  ^For  the 
purchase  of  the  Talassee  county. 

2.  For  the  fork  of  Oakmulgee~and  Owney,  but  all 
instruction  and  further  decision  as  tojthis  to  be  post 
poned  till  we  take  up  the  Treaty  with  Georgia,  a  letter 


1801  ANAS  of  THOMAS  JEFFERSON.  215 

to  be  written  to  the  Georgia  Commissioners  to  know  if 
they  will  cede  the  Mission  territory  in  exchange  for 
Talassee  and  Oakmulgee  ork. 

Davie,  Wilkinson  and  Hawkins. 

Suppress  the  Missions  to  the  United  Netherlands, 
Portugal  and  Prussia. 

Send  none  to  Denmark. 

Removals.  All  recent  to  be  considered  as  mere  aven 
ues. 

Marshals  and  Attorneys  to  be  removed  where  federal, 
except  in  particular  cases. 

New  Hampshire.  The  Marshal,  though  a  Federalist 
ought  not  to  be  removed  because  of  his  connections. 

Sherburne  to  be  attorney  vice  Livermore. 

Maine.  Davis  to  be  removed  as  he  will  not  resign. 
He  is  violent. 

Massachusetts.  Not  change  the  Marshal  though 
Federal,  he  is  moderate  and  prudent  and  will  be  re 
publican. 

Rhode  Island.  If  Barnes  accepts  commission  of 
Judge,  Mr.  Lincoln  will  enquire  and  recommend  attor 
ney  or  judge. 

Connecticut.     Enoch  Parsons  to  be  Marshal. 

Delaware.  Hamilton,  Marshal,  to  be  removed,  en 
quire  for  substitute. 

Read,  Attorney,  to  be  continued. 

Maryland.  Rollings  worth  not  to  be  removed  till 
after  September. 

He  is  incapable. 

Customs. 

The  Collector  vice  John  I/ee.  Wait  for  further  in 
formation. 

Samuel  Bishop,  Collector  at  New  Haven. 

Alexander  Wolcott,  Collector  at  Middletown. 


216  ANAS  of  THOMAS  JEFFERSON.  1801 

New  Jersey.     John  Kurd  to  be  Collector  of  the  port 
of  Amboy  vice  Bell. 
Excise. 
Committed  Kirby  vice  John  Chester. 

June  13.  At  a  meeting  with  the  four  secretaries  at 
the  Secretary  of  State's  office.  Unanimously  agreed 
that  Mr.  King  shall  be  informed  that  we  desire  he  should 
conclude  the  negotiations  on  the  subject  of  the  Sixth 
Article,  as  he  had  begun  under  former  orders,  for  the 
sum  in  gross  which  he  has  offered,  to  wit,  506  thousand 
pounds  sterling  and  no  more.  Afterwards  agreed  to 
600,000  because  King  had  offered  it. 

June  23rf,  1801.  Andrew  Ellicot  tells  me,  that  in  a 
conversation  last  summer  with  Major  William  Jackson 
of  Philadelphia,  on  the  subject  of  our  intercourse  with 
Spain,  Jackson  said  we  had  managed  our  affairs  badly; 
that  he  himself  was  the  author  of  the  papers  against  the 
Spanish  minister  signed  Americanus;  that  his  object 
was  irritation;  that  he  was  anxious,  if  it  could  have 
been  brought  about,  to  have  plunged  us  into  a  war  with 
Spain,  that  the  people  might  have  been  occupied  with 
that,  and  not  with  the  conduct  of  the  administration, 
and  other  things  they  had  no  business  to  meddle  with. 

October  22.  Present  four  Secretaries.  Captains  of 
navy  reduced  from  15  to  9,  by  a  vote  on  each  man  struck 
off.  Those  struck  off  are  Mr.  Niel  of  Boston,  Decatur  of 
Pennsylvania,  Rogers  of  Maryland,  Tingey  of  Columbia, 
S.  Barron  of  Virginia,*  Campbell  from  South  Carolina, 
but  a  northern  man.  The  retained  are  Nicholson  and 


•On  the  resignation  of  Truxton,  J.  Barron  is  retained,  and  o 
We,  Campbell  is  retained:  he  if  a  South  Carolinian  by  birth.    T. 


Barron  i*  retained,  and  onthatofPre- 


1802  ANAS  of  THOMAS  JEFFERSON.  217 

Preble  of  Maryland,  Moms  and  Bainbridge  of  New  York, 
Truxton  of  Jersey,  Barry,  Delaware  and  Murray  of 
Pennsylvania,  and  James  Barren  of  Virginia. 

A  state  of  the  gallies  to  be  called  for  and  be  ready 
for  sale  at  meeting  of  Congress  unless  contrary  deter 
mined. 

Spain  to  be  addressed  in  a  firm  but  friendly  tone  on 
the  depredations  at  Algiers.  Not  to  order  convoys  for 
our  vessels  against  Spain. 

November  11.  Present  the  four  Secretaries.  Ques 
tion,  Shall  Rogers  be  removed  in  New  York?  Unani 
mous  to  let  lie  till  Congress. 

Question.  Whether  we  shall  proclaim  the  French 
treaty  or  wait  and  lay  it  before  the  Senate?  Unani 
mous  not  to  proclaim  but  to  say  to  Pichon  we  will  go 
on  with  the  examination. 


January  18,  1802.  Present  the  four  Secretaries  and 
Attorney  General.  Agreed  to  offer  peace  to  Tripoli  on 
easiest  terms,  to  continue  tribute  to  Algiers,  to  send  two 
frigates  and  schooner  immediately.  If  war  with  Tripoli 
continues,  two  frigates  there  constantly  and  one  for  re 
lief,  400,000  dollars  to  be  appropriated  for  the  whole 
naval  business  of  the  year,  including  navy  yards  on 
which  little  is  to  be  done,  and  500,000  dollars  to  pay 
contracts  due  and  becoming  due  this  year.  Execution 
of  French  treaty  to  be  retained  by  Executive. 

October  21,  1802.  Present,  the  four  Secretaries.  1. 
What  force  shall  be  left  through  the  winter  in  the 
Mediterranean  ? 


218  ANAS  of  THOMAS  JEFFERSON.  1803 

2.  What  negotiations,  what  presents  shall  be  pro 
posed  to  Morocco? 

Answer.  1.  The  two  largest  frigates,  President  and 
Chesapeake,  the  time  of  whose  men  is  out  in  December, 
ought  to  be  called  home  immediately. 

The  two  best  frigates,  the  New  York  and  John  Adams, 
which  are  smallest  also,  and  the  men  engaged  till  August 
next,  to  remain  through  the  winter,  even  if  peace  be 
made  with  Triopli. 

The  Adams  whose  times  are  up  in  April,  to  remain 
through  the  winter,  or  come  away  according  to  ap 
pearances  with  Morocco. 

Answer  2.  Forbid  Simpson  to  stipulate  any  presents, 
or  payments  at  fixed  periods,  but  allow  him  to  go  as  far 
as  20,000  dollars  to  obtain  a  firm  establishment  of  the 
state  of  peace  with  Morocco. 

Shall  the  expenses  of  transporting  our  abandoned 
seamen  home,  by  the  Consul  ( ?)  Lee,  be  paid  by  us  and 
out  of  what  fund? 

Unanimously  that  it  must  be  paid  and  out  of  the  con 
tingent  fund  of  20,000  dollars. 


April  8,  1803.     Present  four  Secretaries  and  Attorney 
General. 

1.  Is  there  sufficient  ground  to  recall  Morris  and  in 
stitute  inquiry  into  his  conduct?     Unanimous,  not. 

2.  Shall  Morris  be  ordered  home  in  the  returning  ves 
sel  and  leave  some  other  officer  in  command?     Unani 
mous,  not. 

3.  Shall  the  return  of  the  Chesapeake  and  Adams 
be  countermanded  till  the  four  small  vessels  arrive? 
Unanimous  not.     Will  be  too  late. 


1803  ANAS  of  THOMAS  JEFFERSON.  219 

4.  Shall  we  buy  peace  of  Tripoli?     Unanimous,  yes. 

5.  By  a  sum  in  gross  or  a  tribute? 

Gallatin,  Dearborne,  Lincoln  for  both,  Madison  and 
Smith  for  sum  in  gross  and  promise  of  renewing  pres 
ents  at  times. 

Dearborne,  50  and  8,000,  Lincoln,  30  and  15,000, 
Madison,  10  and  5,000  with  some  margin,  Gallatin,  20 
and  10,  Smith,  50  and  10. 

Great  Britain  if  repesg.  our  rights  by  France, 
forces  us  to  overtures  to  England  as  an  ally?  on  what 
conditions? 

All  reject   the 

1.  Not  to  make  a  separate  peace  ?i  second  and  third 

j  conditions,  Dear- 

2.  To  let  her  take  Louisiana?  borne    and   Lin 

coln    reject    the 


3.     Commercial  privileges? 


first.   The  others 


agree  to  the  first. 
Agreed  to  instruct  our  Ministers,  as  soon  as  they  find 
that  no  arrangement  can  be  made  with  France,  to  use 
all  possible  procrastinations  with  them  and  in  the  mean 
time  enter  into  conferences  with  the  British  Government, 
through  their  ambassador  at  Paris,  to  fix  principles  of 
alliance,  and  leave  us  in  peace  till  Congress  meets,  and 
prevent  war  till  next  spring. 

May  7.  Present  four  Secretaries  and  Attorney  Gen- 
ral. 

On  the  supposition  that  war  between  England  and 
France  is  commenced  or  whenever  it  shall  commence. 

1.  Shall  we  issue  a  proclamation  of  neutrality?  Unani 
mously,  not. 

Its  object  as  to  our  citizens  is  unnecessary,  to  wit  the 
informing  them  that  they  are  to  observe  the  duties  of 


220  ANAS  of  THOMAS  JEFFERSON.  1803 

neutrality,  because  the  late  instance  is  so  recent  as  to  be 
in  their  minds.  As  to  foreign  nations,  it  will  be  sassuring 
them  of  our  neutrality  without  price,  whereas  France 
may  be  willing  to  give  New  Orleans  for  it,  and  England 
to  engage  a  just  and  respectful  conduct. 

2.  Sea  letters  to  be  given  even  on  the  present  ap 
parent  probability  of  war. 

3.  Customhouse  officers  to  attend  to  the  having  our 
seamen  furnished  with  certificates  of  citizenship  in  bona- 
fide  cases. 

4.  New  Orleans,  although  no  specific  opinion  is  asked, 
because  premature  till  we  hear    from  our  Ministers,  see 
the  complexion  and  probable  course  and  duration  of  the 
war,  yet  the  opinion  seems  to  be  that  we  must  avail 
ourselves  of  this  war  to  get  it. 

Whether,  if  negotiation  fails,  we  shall  take  it  directly 
or  encourage  a  decline  of  independence  and  then  enter 
into  an  alliance.  We  have  time  enough  to  consider.  We 
all  deprecate  Great  Britain's  taking  possession  of  it. 
We  all  agree  we  should  not  commit  ourselves  by  a  con 
vention  with  France,  accepting  merely  our  right  of  de 
posit,  or  any  improvement  of  it  short  of  the  sovereignty 
of  the  island  of  New  Orleans,  or  a  portion  sufficient  for 
a  town  to  be  located  by  ourselves. 

July  16.     Present  the  four  Secretaries. 

The  cession  of  Louisiana  being  to  be  ratified  by  Octo 
ber  30,  shall  Congress  be  called,  or  only  Senate,  and 
when? 

Answer  unanimous,  Congress  on  the  17th  of  October. 
A  Proclamation  to  issue,  a  copy  to  be  enclosed  to  every 
member  in  a  letter  from  the  Secretary  of  State  men 
tioning  that  the  call  three  weeks  earlier  than  they  had 


1803  ANAS  of  THOMAS  JEFFERSON.  221 

fixed  was  rendered  necessary  by  the  treaty,  and  urging 
a  punctual  attendance  on  the  first  day. 

The  substance  of  the  treaty  to  be  made  public,  but  not 
the  treaty  itself. 

The  Secretary  of  State  to  write  to  our  Consul  at  New 
Orleans,  communicating  the  substance  of  the  treaty  and 
calling  his  attention  to  the  public  property  transferred 
to  us,  and  to  archives,  papers  and  documents  relative 
to  domain  and  sovereignty  of  Louisiana  and  its  de 
pendencies.  If  an  order  should  come  for  immediate 
possession,  direct  Governor  Clayborne  to  go  and  take 
possession  and  act  as  Governor  and  Intendant  under  the 
Spanish  laws,  having  everything  to  go  on  as  heretofore, 
only  himself  performing  functions  of  Governor  and 
Intendant,  but  making  no  innovations,  nor  doing  a 
single  act  which  will  bear  postponing. 

Order  down  two  or  more  companies  from  Fort  Adams 
and  get  the  Spanish  troops  off  as  soon  as  possible.  Write 
to  Livingston  and  Monroe,  approving  their  having 
treated  for  Louisiana  and  the  price  given,  and  to  say  we 
know  of  no  reason  to  doubt  ratification  of  tlie  whole. 
Mr.  Gallatin  disapproves  of  this  last  as  committing  our 
selves  or  the  Congress.  All  the  other  points  unanimous. 

Edward  Livingston  to  be  removed  from  the  office  of 
Attorney  for  the  United  States  in  New  York  for  malvers 
ation. 

Mr.  Madison  not  present  at  this  last  determination. 

Monroe  to  be  instructed  to  endeavor  to  purchase  both 
Horidas  if  he  can,  West  if  he  cannot  East  at  the  prices 
before  agreed  upon,  but  if  neither  can  be  procured,  then 
to  stipulate  a  plenary  right  to  use  all  the  rivers  rising 
within  our  limits  and  passing  through  theirs.  If  he 
should  not  be  gone  to  Madrid  leave  it  discretionary  in 
him  to  go  there,  or  to  London  or  to  stay  at  Paris  as  cir- 


222  ANAS  of  iHOMAS  JEFFERSON.  1803 

cumstances  shall  appear  to  him  to  require.  We  are 
more  indifferent  about  pressing  the  purchase  of  the 
Floridas,  because  of  the  money  we  have  to  provide  for 
Louisiana,  and  because  we  think  they  cannot  fail  to  fall 
into  our  hands. 

i 

October  4.     Present  Secretaries  of  State,   Treasury, 
War. 

Will  it  be  advisable  for  forcible  possession  of  New 
Orleans  to  be  taken,  if  refused.  Unanimous,  it  will. 
Should  we  now  prepare  force  so  as  to  have  it  ready  the 
moment  Congress  authorizes  it?  Unanimous,  it  will, 
b  What  force?  Four  hundred  regulars  from  Fort 
Adams,  100  regulars  from  Chickasaw  Bluffs  a.ndMassact 
500  militia  of  Mississippi  territory,  boatmen  and  sailors. 

Bj 

December  13th,  1803.  The  Reverend  Mr.  Coffin  of 
New  England,  who  is  now  here  soliciting  donations  for 
a  college  in  Greene  county,  in  Tennessee,  tells  me  that 
when  he  first  determined  to  engage  in  this  enterprise, 
he  wrote  a  paper  recommendatory  of  the  enterprise, 
which  he  meant  to  get  signed  by  clergymen,  and  a  simi 
lar  one  for  persons  in  a  civil  character,  at  the  head  of 
which  he  wished  Mr.  Adams  to  put  his  name,  he  being 
then  President,  and  the  application  going  only  for  his 
name,  and  not  for  a  donation.  Mr.  Adams,  after  read 
ing  the  paper  and  considering,  said  "he  saw  no  possi- 
blitiy  of  continuing  the  union  of  the  States;  that  their 
dissolution  must  necessarily  take  place ;  that  he  there 
fore  saw  no  propriety  in  recommending  to  New  Eng 
land  men  to  promote  a  literary  institution  in  the 
South;  that  it  was  in  fact  giving  strength  to  those 
who  were  to  be  their  enemies;  and,  therefore,  he  would 
have  nothing  to  do  with  it." 


1804  ANAS  of  THOMAS  JEFFERSON.  223 

December  3lst.  After  dinner  to-day,  the  pamphlet 
on  the  conduct  of  Colonel  Burr  being  the  subject  of  con 
versation,  Matthew  Lyon  noticed  the  insinuations 
against  the  republicans  at  Washington,  pending  the 
Presidential  election,  and  expressed  his  wish  that  every 
thing  was  spoken  out  which  was  known;  that  it  would 
then  appear  on  which  side  there  was  a,  bidding  for  votes, 
and  he  declared  that  John  Brown  of  Rhode  Island,  urg 
ing  him  to  vote  for  Colonel  Burr,  used  these  words: 
"What  is  it  you  want,  Colonel  Lyon?  Is  it  office,  is  it 
money?  Only  say  what  you  want,  and  you  shall  have 
it." 


January  2d,  1804.  Colonel  Hitchburn  of  Massachu 
setts,  reminding  me  of  a  letter  he  had  written  me  from 
Philadelphia,  pending  the  Presidential  election,  says 
he  did  not  therein  give  the  details.  That  he  was  in 
company  at  Philadelphia  with  Colonel  Burr  and  Gen. 
Sam  Smith,  (when  the  latter  took  his  trip  there  to 
meet  Burr,  and  obtained  the  famous  letter  from  him), 
that  in  the  course  of  the  conversation  on 
the  election,  Colonel  Burr  said,  "we  must  have 
a  President,  and  a  constitutional  one,  in  some  way." 
"How  is  it  to  be  done,"  says  Hitchburn;  "Mr.  Jefferson's 
friends  will  not  quit  him,  and  his  enemies  are  not  strong 
enough  to  carry  another."  "Why,"  says  Burr,  "our 
friends  must  join  the  federalists,  and  give  the  President." 
The  next  morning  at  breakfast,  Colonel  Burr  repeated 
nearly  the  same,  saying,  "we  cannot  be  without  a  Presi 
dent,  our  friends  must  join  the  federal  vote."  "But," 
says  Hitchburn,  "we  shall  then  be  without  a  Vice -Presi 
dent;  who  is  to  be  our  Vice- President?"  Colonel  Bun- 
answered,  "Mr.  Jefferson." 


224  ANAS  of  THOMAS  JEFFERSON.  1804 

January  26th.  Colonel  Burr,  the  Vice-President,  calls 
on  me  in  the  evening,  having  previously  asked  an  oppor 
tunity  of  conversing  with  me.  He  began  by  recapitu 
lating  summarily,  that  he  had  come  to  New  York  a 
stranger,  some  years  ago;  that  he  found  the  country  in 
possession  of  two  rich  families  (the  Livingstons  and 
Clintons);  that  his  pursuits  were  not  political,  and  he 
meddled  not.  When  the  crisis,  however,  of  1800  came 
on,  they  found  their  influence  worn  out,  and  solicited 
his  aid  with  the  people.  He  lent  it  without  any  views 
of  promotion.  That  his  being  named  as  a  candidate  for 
Vice  -President  was  unexpected  by  him.  He  acceded 
to  it  with  a  view  to  promote  my  fame  and  advancement, 
and  from  a  desire  to  be  with  me,  whose  company  and 
conversation  had  always  been  fascinating  to  him.  That 
since,  those  great  families  had  become  hostile  to  him, 
and  had  excited  the  calumnies  which  I  had  seen  pub 
lished.  That  in  this  Hamilton  had  joined,  and  had 
even  written  some  of  the  pieces  against  him.  That  his 
attachment  to  me  had  been  sincere,  and  was  still  un 
changed,  although  many  little  stories  had  been  carried 
to  him,  and  he  supposed  to  me  also,  which  he  despised ; 
but  that  attachments  must  be  reciprocal  or  cease  to 
exist,  and  therefore  he  asked  if  any  change  had  taken 
place  in  mine  toward  him;  that  he  had  chosen  to  have 
this  conversation  with  myself  directly,  and  not  through 
any  intermediate  agent.  He  reminded  me  of  a  letter 
written  to  him  about  the  time  of  counting  the  votes, 
(say  February,  1801,)  mentioning  that  his  election  had 
left  a  chasm  in  my  arrangements;  that  I  had  lost  him 
from  my  list  in  the  administration,  &c.  He  observed, 
he  believed  it  would  be  for  the  interest  of  the  republican 
cause  for  him  to  retire;  that  a  disadvantageous  schism 
would  otherwise  take  place;  but  that  were  he  to  retire,  it 


1804  ANAS  of  THOMAS  JEFFERSON.  225 

would  be  said  he  shrank  from  the  public  sentence,  which 
he  never  would  do ;  that  his  enemies  were  using  my  name 
to  destroy  him,  and  something  was  necessary  from  me 
to  prevent  and  deprive  them  of  that  weapon,  some  mark 
of  favor  from  me  which  would  declare  to  the  world  that 
he  retired  with  my  confidence. 

I  answered  by  recapitulating  to  him  what  had  been 
my  conduct  previous  to  the  election  of  1800.  That  I 
had  never  interfered  directly  or  indirectly  with  my 
friends  or  any  others,  to  influence  the  election  either 
for  him  or  myself ;  that  I  considered  it  as  my  duty  to  be 
merely  passive,  except  that,  in  Virginia,  I  had  taken 
some  measures  to  procure  for  him  the  unanimous  vote  of 
that  State,  because  I  thought  any  failure  there  might 
be  imputed  to  me.  That  in  the  election  now  coming  on, 
I  was  observing  the  same  conduct,  held  no  councils  with 
anybody  respecting  it,  nor  suffered  any  one  to  speak 
to  me  on  the  subject,  believing  it  my  duty  to  leave  my 
self  to  the  free  discussion  of  the  public ;  that  I  do  not  at 
this  moment  know,  nor  have  ever  heard,  who  were  to 
be  proposed  as  candidates  for  the  public  choice,  except 
so  far  as  could  be  gathered  from  the  newspapers.  That 
as  to  the  attack  excited  against  him  in  the  newspapers, 
I  had  noticed  it  but  as  the  passing  wind ;  that  I  had  seen 
complaints  that  Cheetham,  employed  in  publishing  the 
laws,  should  be  permitted  to  eat  the  public  bread  and 
abuse  its  second  officer;  that  as  to  this,  the  publishers 
of  the  laws  were  appointed  by  the  Secretary  of  the  State, 
without  any  reference  to  me;  that  to  make  the  notice 
general,  it  was  often  given  to  one  republican  and  one 
federal  printer  of  the  same  place;  that  these  federal 
printers  did  not  in  the  least  intermit  their  abuse  of  me, 
though  receiving  emoluments  from  the  governments 
and  that  I  had  never  thought  it  proper  to  interfere  for 


226  ANAS  of  THOMAS  JEFFERSON.  1804 

myself,  and  consequently  not  in  the  case  of  the  Vice- 
President.     That  as  to  the  letter  he  referred  to,  I  remem 
bered  it,  and  believed  he  had  only  mistaken  the  date  at 
which  it  was  written;  that  I  tho'ught  it  must  have  been 
on  the  first  notice  of  the  event  of  the  election  of  South 
Carolina;  and  that  I  had  taken  that  occasion  to  mention 
to  him,  that  I  had  intended  to  have  proposed  to    him 
one  of  the  great  offices,  if  he  had  not  been  elected;  but 
that  his  election  in  giving  him  a  higher  station  had  de 
prived  me  of  his  aid  in  the  administration.     The  letter 
alluded  to  was,  in  fact,  mine  to  him  of  December  15th, 
1800.     I  now  went  on  to  explain  to  him  verbally,  what 
I  meant  by  saying  I  had  lost  him  from  my  list.     That 
in  General  Washington's  time,  it  had  been  signified  to 
him  that  Mr.  Adams,  the  Vice-President,  would  be  glad  of 
a  foreign  embassy;  that  General  Washington  mentioned 
it  to  me,  expressed  his  doubts  whether  Mr.  Adams  was  a 
fit  character  for  such  an  office,  and  his  still  greater  doubts, 
indeed  his  conviction,  that  it  would  not  be  justifiable  to 
send  away  the  person  who,  in  case  of  his  death,  was  pro 
vided  by  the  constitution  to  take  his  place ;  that  it  would 
moreover  appear  indecent  for  him  to  be  disposing  of 
the  public  trusts,  in  apparently  buying  off  a  competitor 
for  the  public  favor.     I  concurred  with  him  in  the  opin 
ion,  and,  if  I  recollect  rightly,   Hamilton,   Knox.  and 
Randolph  were  consulted  and  gave  the  same  opinions. 
That  when  Mr.  Adams  came  to  the  administration,  in 
his  first  interview  with  me,  he  mentioned  the  necessity 
of  a  mission  to  France,  and  how  desirable  it  would  have 
been  to  him  if  he  could  have  got  me  to  undertake  it; 
but  that  he  conceived  it  would  be  wrong  in  him  to  send 
me  away,  and  assigned  the  same  reasons  General  Wash 
ington  had  done;  and  therefore,  he  should  appoint  Mr. 
Madison,    &c.     That    I   had   myself   contemplated   his 


1804  ANAS  of  THOMAS  JEFFERSON.         227 

(Colonel  Burr's)  appointment  to  one  of  the  great  offices, 
in  case  he  was  not  elected  Vice- President;  but  that  as 
soon  as  that  election  was  known,  I  saw  it  could  not  be 
done,  for  the  good  reasons  which  had  led  Gen.  Washing 
ton  and  Mr.  Adams  to  the  same  conclusion ;  and  there 
fore,  in  my  first  letter  to  Colonel  Burr,  after  the  issue  was 
known,  I  had  mentioned  to  him  that  a  chasm  in  my 
arrangements  had  been  produced  by  this  event.  I  was 
thus  particular  in  rectifying  the  date  of  this  letter,  be 
cause  it  gave  me  an  opportunity  of  explaining  the 
grounds  on  which  it  was  written,  which  were,  indirectly, 
an  answer  to  his  present  hints.  He  left  the  matter  with 
me  for  consideration,  and  the  conversation  was  turned 
to  indifferent  subjects.  I  should  here  notice,  that 
Colonel  Burr  must  have  thought  that  I  could  swallow 
strong  things  in  my  own  favor,  when  he  founded  his 
acquiescence  in  the  nomination  as  Vice-President,  to  his 
desire  of  promoting  my  honor,  the  being  with  me,  whose 
company  and  conversation  had  always  been  fascinating 
with  him,  &c.  I  had  never  seen  Colonel  Burr  till  he  came 
as  a  member  of  Senate.  His  conduct  very  soon  inspired 
me  with  distrust.  I  habitually  cautioned  Mr.  Madison 
against  trusting  him  too  much.  I  saw  afterwards,  that 
under  General  Washington's  and  Mr.  Adams's  adminis 
trations,  whenever  a  great  military  appointment  or  a 
diplomatic  one  was  to  be  made,  he  came  post  to  Phila 
delphia  to  show  himself,  and  in  fact  that  he  was  always 
at  market,  if  they  had  wanted  him.  He  was  indeed  told  by 
Dayton  in  1800,  he  might  be  Secretary  at  War;  but  this 
bid  was  too  late.  His  election  as  Vice-President  was 
then  foreseen.  With  these  impressions  of  Colonel 
Burr,  there  never  had  been  an  intimacy  between  us,  and 
but  little  association.  When  I  destined  him  for  a  high 
appointment,  it  was  out  of  respect  for  the  favor  he  had 


228  ANAS  of  THOMAS  JEFFERSON.  1804 

obtained  with  the  republican  party,  by  his  extraordi 
nary  exertions  and  successes  in  the  New  York  election  in 
1800. 

Feb.  18,  1804.  Present  the  four  Secretaries  and  Attor 
ney  General. 

It  is  agreed  we  shall  consider  the  settlement  on  the 
Mining  from  Iberville  up  to  our  line,  as  our  territory  as 
to  importations  and  exportations  through  the  Mississippi 
making  Baton  Rouge  a  port  of  delivery.  So  also  as  to 
what  shall  come  through  Pontchartrain  that  the  Militic 
of  Colour  shall  be  confirmed  in  their  ports  and  treated 
favorably  till  a  better  settled  state  of  things  shall  per 
mit  us  to  let  them  neglect  themselves. 

That  an  intimation  shall  be  given  by  Clayborne  to 
Morales  that  his  continuance  in  that  territory  is  not 
approved  by  the  Government. 

That  the  remaining  Spanish  troops  shall  be  desired  to 
withdraw. 

That  Fort  Stoddart  shall  be  a  port  of  entry.  That 
Monroe  shall  be  instructed  to  negotiate  as  to  our  lines 
with  Spain,  and  the  extension  of  territory. 

Eastward,  viz:  1. — To  the  Perdido.  2. — To  Apal- 
achicola.  3. — All  East  Florida.  That  according  to  the 
greater  or  less  extent  he  may  give  of  the  following  equiva 
lents.  1.  Relinquish  our  right  from  the  Rio  Bravo, 
eastwardly  towards  the  Mexican  river.  2.  Stipulate 
that  a  band  of  country  of  given  breadth  shall  be  estab 
lished  between  our  white  settlements  to  be  unsettled  by 
either  party  for  a  term  of  years.  3.  One  million  dol 
lars.  As  to  Stevens's  accounts,  opinions  seem  not  to  be 
satisfactorily  formed  except  by  Mr.  Gallatin  that  there 
is  no  fund  applicable,  and  Mr.  Madison  that  the  foreign 
intercourse  fund  is  applicable ;  with  this  last  I  concur. 


1805  ANAS  of  THOMAS  JEFFERSON.  .  229 

May  26.  Present  the  Secretaries  and  Attorney  Gen 
eral.  What  terms  of  peace  with  Tripoli  shall  be  agreed 
to?  If  successful,  insist  on  their  delivering  up  men  with 
out  ransom,  and  re-establishing  old  treaty  without  pay 
ing  anything.  If  unsuccessful,  rather  than  have  to  con 
tinue  the  war,  agree  to  give  500  dollars  a  man  (having 
first  deducted  for  the  prisoners  we  have  taken)  and  the 
sum  in  gross  and  tribute  before  agreed  on.  Shall  any 
thing  be  furnished  to  the  Ex-Bashaw  to  engage  co-opera 
tion?  Unanimously  20,000  dollars.  Whether  we  shall 
prohibit  our  merchant  vessels  from  arming  to  force  a 
trade  in  St.  Domingo  as  requested  by  Pichon?  Unani 
mously  not. 

Oct.  8,  1804.  Present  the  four  Secretaries.  Yrujo's 
and  C.  Pinckney's  communications  submitted. 

Cevallos'  first  condition  as  to  giving  time  for  com 
mencement  of  commission.  All  agree  we  may  fix  a  day 
with  Yrujo  not  exceeding  6  months  hence,  say  nothing 
which  shall  weaken  our  claims  under  the  sixth  article 
and  repeat  the  explanation  of  the  fourth  and  eleventh 
articles  of  the  Act  of  Congress  already  given  him  and 
communicate  the  Act  of  the  President  defining  the  dis 
trict. 

A  letter  to  be  written  to  Yrujo  on  the  impropriety  of 
his  publishing  his  letter  to  the  Secretary  of  State. 


Jan.  8,  1805.     Indian  affairs. 

Sac  murderer.     Pardon  him. 

Osages.     Their  mill  to  be  built. 

The   seceders   under  Le   grande    piste:   persasn — not 


force. 


230  ANAS  oj  THOMAS  JEFFERSON  1805 

Sioux.     Sacs,  Ayouas  (lowas).     Receive  their  visit. 

Commerce  forts  at  Chickago  and  mouth  of  Ouisconsing 
to  prevt.  interlopers  with  nations  bordering  on  us,  the 
U.  vS.  to  carry  it  on.  With  distant  nations  let  individ 
uals. 

License  none  but  natives  of  American  territory. 

Permit  no  liquor. 

Chamber's  idea  as  to  Choctaws  of  annl.  paimt.  in 
lands. 

Little  Turtle.  Let  a  joint  right  to  lands  be  proved 
and  we  will  pay. 

Tripoli. 

New  instrnts.     Not  to  give  a  dollar  for  peace. 

If  the  enterprise  in  the  spring  does  not  produce  peace 
and  delivery  of  prisoners,  ransom  them. 

O.  Britain — countervail  their  duty  on  exports  by 
refusing  entry  to  merchandise  which  has  pd.  a  greater 
export  duty  coming  here,  than  would  have  been  paid 
going  to  any  other  for'n  country.  Countervail  their 
prohbn  to  our  vessels  to  carry  our  produce  to  their 
possns  by  not  permittg  their  vessels  to  do  it  after  the 
21st  of  May,  1805. 

Gov.  Harrison's  Ire  Dec.  14.  Property  stolen  by 
Indns. 

Arrears  to  be  pd.  by  public. 

Hawkins  Do.  Dec.  15.     Road  thro  Creeks  to  N.  O. 

Spanish  alarm  and  proposns  to  Indians. 

Feb.  21.  Spanish  movements  to  Adais,  etc.  Lanana, 
San  Antonio.  Turner  to  Claiborne.  Cados,  Paunies,  send 
factory  immediately.  Court  them. 

Bayou  Pierre,  Spanish  settlement  on  Red  River,  70 
miles  above  Natchitoches.  Lanana,  40  miles  from 
Mactchitoches, 


1805  ANAS  of  THOMAS  JEFFERSON.  231 

vSpaniards  have  taken  post  there — Casa  Calvo  and  his 
guard  to  retire. 
Louisiana  bank. 

Mounted  infantry  to  scour  disputed  country. 

Claiborne  to  have  interview  with  Governor  of  Texas. 

Casacalvo? 

Matta  Gardo.  Two  Spanish  regiments  to  be  estab 
lished  there,  (i.  e.  Bay  of  St.  Bernard). 

Cavalry  and  infantry  from  Mexico  expected  at  St. 
Antonio. 

A  Governor  with  3,000  men  coming  to  Nacogdoches. 

The  present  Commandant  of  Nacogdoches  to  take 
post  at  Adais. 

Eleven  hundred  Seminoles  invited  to  Pensacola  by 
Governor. 

Three  regiments  of  1500  men  each  expected  from 
Havana  for  Pensacola,  Mobile  and  Plat  R.  and  200,000 
cavalry.  Forts  to  be  at  Pascagoula  and  P^arl  rivers. 

One  thousand  families  under  the  present  governor  of 
St.  Antonio  to  come  to  Adais. 

An  officer  and  100  dragoons  have  been  taking  a  sur 
vey  of  Rio  Guadaloupe. 

Four  regiments  ordered  for  the  frontier.  (Nacog 
doches). 

Chamber's  letter.  The  Spanish  duties  at  Mobile  to  be 
submitted  to  till  further  orders. 

Choctaws.     Nannahubba  island  is  ours. 

July  8,  1805.  Present  the  four  Secretaries.  Priva 
teers  are  now  blockading  Charlestown,  the  capes  of 
Chesapeake  and  Delaware  and  capturing  vessels  with 
out  the  smallest  pretext,  merely  because  they  are  rich. 

It  is  determined  by  unanimous  consent  (except  Mr. 
Gallatin  who  dissents)  that  the  vessels  being  some  with- 


232  ANAS  of  THOMAS  JEFFERSON.  1805 

out  commissions,  some  with  insufficient  commissions 
and  some  doing  what  their  commissions  do  not  warrant 
all  of  which  is  within  the  definition  of  piracy  and  the 
Act  of  Congress  authorizing  us  to  keep  6  frigates  in  com 
mission  in  time  of  peace  with  two-thirds  their  ordinary 
complement,  and  having  authorized  the  building,  equip 
ping,  etc.,  of  two  brigs  without  confining  them  to  spe 
cific  objects,  we  are  authorized  from  this  force  to  take 
what  may  be  necessary  to  suppress  these  piracies,  and, 
accordingly,  that  the  Adams  and  the  brig  Hornet,  build 
ing  at  Baltimore,  shall  be  gotten  ready  and  sent  out  and 
confined  entirely  to  the  suppression  of  these  piracies  on 
our  Atlantic  Coast,  choosing  prudent  officers  and  giving 
cautious  instructions. 

There  are  funds  sufficient  and  regularly  appropriated 
to  the  fitting  out,  but,  for  manning,  the  proper  funds 
are  already  exhausted.  Consequently  we  must  borrow 
from  other  funds,  and  state  the  matter  to  Congress. 
Our  general  opinion  is  that  as  soundings  on  our  coast 
cease  at  the  beginning  of  the  gulf  stream,  we  ought  to 
endeavor  to  assume  all  the  waters  within  the  gulf  stream 
as  our  waters  so  far  as  to  exclude  privateers  from  hover 
ing  within  them. 

Nov.  12,  1805.  Present  the  four  Secretaries,  subject 
Spanish  affairs. 

The  extension  of  the  war  in  Europe  leaving  us  with 
out  danger  of  a  sudden  peace,  depriving  us  of  the  chance 
of  an  ally,  I  proposed  that  we  should  address  ourselves 
to  France,  informing  her  that  it  was  a  last  effort  at 
amicable  settlement  with  Spain,  and  offer  to  her  or 
through  her;  1.  A  sum  of  money  for  the  rights  of  Spain 
east  of  Iberville,  say  the  Floridas.  2.  To  cede  the  part 
of  Louisiana  from  the  Rio  Bravo  to  the  Guadaloupe.  3. 


1805  ANAS  of  THOMAS  JEFFERSON.  233 

Spain  to  pay  within  a  certain  time  spoliations  under  her 
own  flag  agreed  to  by  the  convention  (which  we  guess  to 
be  100  vessels  worth  2,000,000  dollars)  and  those  sub 
sequent  (worth  as  much  more)  and  to  hypothecate  to  us 
for  those  payments  the  country  from  Guadaloupe  to  Rio 
Bravo. 

Armstrong  to  be  employed.  The  first  was  to  be  the 
exciting  motive  with  France,  to  whom  Spain  is  in  arrears 
for  subsidies,  and  who  will  be  glad  also  to  secure  us  from 
going  into  the  scale  of  England.  The  second  the  sooth 
ing  motive  with  Spain  which  France  would  press  bona 
fide  because  she  claimed  to  the  Rio  Bravo.  The  third 
to  quiet  our  merchants — it  was  agreed  to  unanimously 
and  the  sum  to  be  offered  fixed  not  to  exceed  five  million 
dollars. 

Mr.  Gallatin  did  not  like  purchasing  Florida  under  an 
apprehension  of  war,  lest  we  should  be  thought  in  fact  to 
purchase  peace.  We  thought  this  overweighed  by  tak 
ing  advantage  of  an  opportunity,  which  might  not  occur 
again,  of  getting  a  country  essential  to  our  peace,  anol  to 
the  security  of  the  commerce  of  the  Mississippi .  It  was 
agreed  that  Yrujo  should  be  sounded  through  Dallas  as 
to  whether  he  is  not  going  away,  and  if  not,  he  should  be 
made  to  understand  that  his  presence  at  Washington, 
will  not  be  agreeable  and  that  his  departure  is  expected. 

Casacalvo,  Morales  and  all  the  Spanish  officers  at  New 
Orleans  are  to  be  desired  to  depart,  with  a  discretion  to 
Clayborne  to  let  any  friendly  ones  remain  who  will  re 
sign  and  become  citizens;  as  also  women  receiving  pen 
sions  to  remain  if  they  choose. 

Nov.  19.     Present  the  same. 

Since  our  last  meeting  we  have  received  a  letter  from 
General  Armstrong  containing  Talleyrand's  proposi- 


234  ANAS  of  THOMAS  JEFFERSON.  1806 

tions,  which  are  equivalent  to  ours  nearly,  except  as  to 
the  sum,  he  requiring  7,000,000  dollars. 

He  advises  that  we  alarm  the  fears  of  Spain  by  a  vigor 
ous  language  and  conduct,  in  order  to  induce  her  to  join 
us  in  appealing  to  the  interference  of  the  Emperor.  We 
now  agree  to  modify  our  propositions  so  as  to  acco mo- 
date  them  to  his  as  much  as  possible.  We  agree  to  pay 
5,000,000  dollars  for  the  Floridas  as  soon  as  the  treaty 
is  ratified  by  Spain,  a  vote  of  credit  obtained  from  Con 
gress  and  orders  delivered  us  for  the  surrender  of  the 
country. 

We  agree  to  his  proposition  that  the  Colorado  shall  be 
our  Western  boundary,  and  a  belt  of  30  leagues  on  each 
side  of  it  to  be  kept  unsettled.  We  agree  that  joint 
commissioners  shall  settle  all  spoliations  and  to  take 
payment  from  Spain  by  bills  on  her  colonies.  We  agree 
to  say  nothing  about  the  French  spoliations  in  Spanish 
ports  which  broke  off  the  former  convention.  We  pro 
pose  to  pay  the  5,000,000  dollars  after  a  simple  vote  of 
credit,  by  stock  redeemable  in  three  years,  within  which 
time  we  can  pay  it. 

We  agree  to  orders  to  the  commanding  officer  at 
Natchitoches  to  patrol  the  country  on  this  side  the  Sa- 
bine  and  all  the  Red  river  as  being  in  our  possession, 
except  the  settlement  of  Bayou  Pierre  which  he  is  not 
to  disturb  unless  they  become  aggressive.  He  is  to  pro 
tect  our  citizens  and  repel  all  invasions  of  the  preceding 
country  by  Spanish  soldiers,  to  take  all  offenders  with 
out  shedding  blood  unless  his  orders  cannot  otherwise 
be  executed. 


Mar.   5,   1806.     For  particular  instructions  to  Arm 
strong  and  Bowdoin  relative  to  the  purchase  of  the 


1806  ANAS  of  THOMAS  JEFFERSON.  235 

Floridas  from  Spain,  see  my  letter  of  this  day  to  Mr. 
Madison. 

Mar.  14.     Present  the  four  heads  of  departments  and 
the  Attorney  General. 

Tunis. — A  letter  received  from  their  ambassador  here, 
rejecting  the  offer  of  the  return  of  the  cruiser  taken — 
including  the  blockade  of  Tripoli,  or  4000  dollars,  making 
vague  demands  and  threatening  war  in  direct  terms. 
Unanimous  opinion  that  he  be  answered  that  we  do 
nothing  under  threats,  and  that  he  must  take  them  back, 
or  end  negotiation  with  him  and  send  either  our  Consul 
or  Commodore  to  his  sovereign  to  know  if  he  means 
war.  We  further  agreed  that  if  he  should  take  back 
his  threats,  we  might  agree  to  restore  him  the  cruiser 
taken  in  as  good  state  as  when  taken  and  the  two  prizes 
which  were  almost  nothing  in  value,  if  they  were  still 
in  our  hands,  or  if  not,  then  a  vessel  of  equal  value  to  be 
bought.  Presents  are  proposed  to  be  made  equal  in 
value  to  those  he  brought. 

Tripoli. — We  do  not  know  that  the  family  of  the  Ex- 
Bashaw  is  yet  given  up.  Shall  he  restore  the  blockade 
till  it  is  done?  Unanimously,  No.  That  would  be  an  act 
of  war  to  which  Congress  alone  is  competent.  Let  it 
be  given  in  charge  to  the  Consul  who  is  going  to  press 
the  surrender  of  the  family  with  urgency,  to  let  it  be 
plainly  understood  we  will  not  retire  from  the  fulfillment 
of  that  article  of  the  treaty  and  if  it  is  not  done,  we  may 
lay  it  before  Congress  at  the  next  session  when  we  can 
better  spare  gunboats  than  now. 

vSpain. — It  is  understood  that  if  Spain  will  not  sell  the 
Floridas,  we  may  agree  to  the  Sabine  and  Perdido  as 
the  ultimatum  of  boundary,  with  all  the  waters  of 
the  Mississippi. 


236  ANAS  of  THOMAS  JEFFERSON.  1806 

England. — Mr.  Pinckney  of  Maryland  is  approved  as 
a  special  missionary  to  England  and  also  to  succeed 
Monroe.  It  seems  to  be  the  sentiment,  though  no 
question  was  taken,  that  we  may  enter  into  treaty  with 
England,  the  sum  of  which  should  be  to  settle  neutral 
rights,  not  insisting  on  the  principle  of  free  ships,  free 
goods,  and  modifying  her  new  principles  of  the  "accus 
tomed  trade"  so  as  to  give  up  the  direct  and  keep  the 
indirect  commerce  between  colonies  and  their  metrop 
olis,  restraining  impressments  of  seamen  to  her  own  cit 
izens  in  her  own  ports,  and  giving  her  in  commerce  the 
rights  of  the  most  favored  nations  without  entering  into 
details.  Endeavor  to  get  a  relinquishment  of  her  right 
of  commerce  with  our  Indians,  or  insist  on  security  for 
our  people  trading  with  hers.  Endeavor  also  to  exclude 
hostilities  within  the  gulf  stream. 

Agreed  that  Colonel  Smith,  surveyor  of  New  York, 
ought  to  be  removed  and  Peter  A.  Schenk  appointed. 

That  Captain  Rogers  ought  to  return  from  the  Medi 
terranean  so  as  not  to  mark  him,  and  James  Barron 
be  sent  to  command  there. 

Apr.  14.  Present  all  the  heads  of  departments.  The 
message  of  this  day  to  both  houses  respecting  Tunis 
was  submitted  to  them,  and  approved  by  all  of  them 
except  Mr.  Gallatin  who  would  rather  no  communica 
tion  on  the  subject  should  be  made.  However  he  sug 
gested  several  alterations  in  the  message,  which  were 
made. 

Information  being  received  that  the  Spaniards  pro 
hibit  our  vessels  passing  up  the  Mobile,  1  proposed  for 
their  consideration  whether  I  should  communicate  it  to 
Congress.  We  were  all  against  it  except  Mr.  Madison 
and  General  Dearborne,  who  rather  leaned  to  a  com 
munication  but  acquiesced.  The  reasons  against  it  were 


1806  ANAS  of  THOMAS  JEFFERSON.  237 

that  it  would  open  anew  the  sluices  of  invective  which 
had  lately  been  uttered  there,  the  lateness  of  the  period, 
Congress  being  to  adjourn  in  seven  days,  the  impossi 
bility  of  their  administering  a  remedy  in  that  time  and 
the  hope  that  we  might  get  along  till  we  could  hear 
from  Paris. 

April  15th,  1806.  About  a  month  ago,  Colonel  Burr 
called  on  me  and  entered  into  a  conversation,  in 
which  he  mentioned,  that  a  little  before  my  com 
ing  into  office,  I  had  written  to  him  a  letter  intima 
ting  that  I  had  destined  him  for  a  high  employ,  had  he 
not  been  placed  by  the  people  in  a  different  one;  that 
he  had  signified  his  willingness  to  resign  as  Vice- President 
to  give  aid  to  the  administration  in  any  other  place ; 
that  he  had  never  asked  an  office,  however;  he  asked 
aid  of  nobody,  but  could  walk  on  his  own  legs  and  take 
care  of  himself;  that  I  had  always  used  him  with  po 
liteness,  but  nothing  more;  that  he  aided  in  bringing 
on  the  present  order  of  things ;  that  he  had  supported  the 
administration;  and  that  he  could  do  me  much  harm; 
he  wished,  however,  to  be  on  different  ground;  he  was 
now  disengaged  from  all  particular  business — willing  to 
engage  in  something — should  be  in  town  some  days,  if  I 
should  have  anything  to  propose  to  him.  I  observed  to 
him,  that  I  had  always  been  sensible  that  he  possessed 
talents  which  might  be  employed  greatly  to  the  advan 
tage  of  the  public,  and  that  as  to  myself,  I  had  a  con 
fidence  that  if  he  were  employed,  he  would  use  his  talents 
for  the  public  good;  but  that  he  must  be  sensible  the 
public  had  withdrawn  their  confidence  from  him,  and 
that  in  a  government  like  ours  it  was  necessary  to  em 
brace  in  its  administration  as  great  a  mass  of  public  con 
fidence  as  possible,  by  employing  those  who  had 


238  ANAS  of  THOMAS  JEFFERSON.  1806 

a  character  with  the  public,  of  their  own,  and  not  merely 
a  secondary  one  through  the  executive.  He  observed, 
that  if  we  believed  a  few  newspapers,  it  might  be  sup 
posed  he  had  lost  the  public  confidence,  but  that  I  knew 
how  easy  it  was  to  engage  newspapers  in  anything.  I 
observed,  that  I  did  not  refer  to  that  kind  of  evidence  of 
his  having  lost  the  public  confidence,  but  to  the  late 
Presidential  election,  when,  though  in  possession  of  the 
office  of  Vice-President,  there  was  not  a  single  voice 
heard  for  his  retaining  it.  That  as  to  any  harm  he  could 
do  me,  I  knew  no  cause  why  he  should  desire  it,  but,  at 
the  same  time,  I  feared  no  injury  which  any  man  could 
do  me ;  that  I  never  had  done  a  single  act,  or  been  con 
cerned  in  any  transaction,  which  I  feared  to  have  fully 
laid  open,  or  which  could  do  me  any  hurt,  if  truly  stated; 
that  I  had  never  done  a  single  thing  with  a  view  to  my 
personal  interest,  or  that  of  any  friend,  or  with  any  other 
view  than  that  of  the  greatest  public  good;  that,  there 
fore,  no  threat  or  fear  on  that  head  would  ever  be  a 
motive  of  action  with  me.  He  has  continued  in  town 
to  this  time ;  dined  with  me  this  day  week,  and  called  on 
me  to  take  leave  two  or  three  days  ago. 

I  did  not  commit  these  things  to  writing  at  the  time, 
but  I  do  it  now,  because  in  a  suit  between  him  and 
Cheetham,  he  has  had  a  deposition  of  Mr.  Bayard 
taken,  which  seems  to  have  no  relation  to  the  suit,  nor 
to  any  other  object  than  to  calumniate  me>-Bayard 
pretends  to  have  addressed  to  me,  during  the  pending 
of  the  Presidential  election  in  February,  1801,  through 
General  Samuel  Smith,  certain  conditions  on  which  my 
election  might  be  obtained,  and  that  General  Smith,  after 
conversing  with  me,  gave  answers  from  me.  This  is  ab 
solutely  false.  No  proposition  of  any  kind  was  ever 
made  to  me  on  that  occasion  by  General  Smith,  nor  any 


1806  AMAS  of  THOMAS  JEFFERSON.  239 

answer  authorized  by  me.     And  this  fact  General  Smith 
affirms  at  this  moment. 

For  some  matters  connected  with  this,  see  my  notes 
of  February  12th  and  14th,  1801,  made  at  the  moment. 
But  the  following  transactions  took  place  about  the  same 
time,  that  is  to  say,  while  the  Presidential  election  was 
in  suspense  in  Congress,  which,  though  I  did  not  enter 
at  the  time,  they  made  such  an  impression  on  my  mind 
that  they  are  now  as  fresh,  as  to  their  principal  circum 
stances,  as  if  they  had  happened  yesterday.  Coming 
out  of  the  Senate  chamber  one  day,  I  found  Gouverneur 
Morris  on  the  steps.  He  stopped  me,  and  began  a  con 
versation  on  the  strange  and  portentous  state  of  things 
then  existing,  and  went  on  to  observe,  that  the  reasons 
why  the  minority  of  States  was  so  opposed  to  my  being 
elected,  were,  that  they  apprehended  that  1,  I  would 
turn  all  federalists  out  of  office;  2,  put  down  the  navy; 
3,  wipe  off  the  public  debt,  and  4*  ****** 

That  I  need  only  to  declare,  or  authorize  my  friends 
to  declare,  that  I  would  not  take  these  steps,  and  in 
stantly  the  event  of  the  election  would  be  fixed.  I  told 
him,  that  I  should  leave  the  world  to  judge  of  the  course 
I  meant  to  pursue  by  that  which  I  had  pursued  hitherto, 
believing  it  to  be  my  duty  to  be  passive  and  silent  during 
the  present  scene ;  that  I  should  certainly  make  no  terms ; 
should  never  go  into  the  office  of  President  by  capitu 
lation,  nor  with  my  hands  tied  by  any  conditions  which 
should  hinder  me  from  pursuing  the  measures  which  I 
should  deem  for  the  public  good.  It  was  understood 
that  Gouverneur  Morris  had  entirely  the  direction  of  the 
vote  of  Lewis  Morris  of  Vermont,  who,  by  coming  over 
to  Matthew  Lyon,  would  have  added  another  vote,  and 


*The  M.  S.  is  cut  out  and  lost. 


240  ANAS  of  THOMAS  JEFFERSON.  180G 

decided  the  election.  About  the  same  time,  I  called  on 
Mr.  Adams.  We  conversed  on  the  state  of  things.  I 
observed  to  him,  that  a  very  dangerous  experiment  was 
then  in  contemplation,  to  defeat  the  Presidential  elec 
tion  by  an  act  of  Congress  declaring  the  right  of  the  Sen 
ate  to  name  a  President  of  the  Senate,  to  devolve  on  him 
the  government  during  any  interregnum;  that  such  a 
measure  would  probably  produce  resistance  by  force, 
and  incalcuable  consequences,  which  it  would  be  in  his 
power  to  prevent  by  negativing  such  an  act.  He  seemed 
to  think  such  an  act  justifiable,  and  observed,  it  was  in 
my  power  to  fix  the  election  by  a  word  in  an  instant,  by 
declaring  I  would  not  turn  out  the  federal  officers,  nor 
put  down  the  navy,  nor  spunge  the  national  debt.  Find 
ing  his  mind  made  up  as  to  the  usurpation  of  the  gov 
ernment  by  the  President  of  the  Senate,  I  urged  it  no 
further,  observed  the  world  must  judge  as  to  myself 
of  the  future  by  the  past,  and  turned  the  conversation  to 
something  else.  About  the  same  time,  D  wight  Foster  of 
Massachusetts  called  on  me  in  my  room  one  night,  and 
went  into  a  very  long  conversation  on  the  state  of  affairs, 
the  drift  of  which  was  to  let  me  understand,  that  the 
fears  above  mentioned  were  the  only  obstacle  to  my 
election,  to  all  of  which  I  avoided  giving  any  answer 
the  one  way  or  the  other.  From  this  moment  he  became 
most  bitterly  and  personally  opposed  to  me,  and  so  has 
ever  continued.  I  do  not  recollect  that  I  ever  had  any 
particular  conversation  with  General  Samuel  Smith  on 
this  subject.  Very  possibly  I  had,  as  the  general  sub 
ject  and  all  its  parts  were  the  constant  themes  of  con 
versation  in  the  private  tete  a  tetes  with  our  friends. 
But  certain  I  am,  that  neither  he  nor  any  other  republi 
can  ever  uttered  the  most  distant  hint  to  me  about 
submitting  to  any  conditions,  or  giving  any  assurances 


1806  ANAS  of  THOMAS  JEFFERSON.  241 

to  anybody;  and  still  more  certainly,  was  neither  he  nor 
any  other  person  ever  authorized  by  me  to  say  what  I 
would  or  would  not  do. 

See  a  very  exact  statement  of  Bayard's  conduct  on 
that  occasion  in  a  piece  among  my  notes  of  1801  which 
was  published  by  G.  Granger,  with  some  alterations, 
in  the  papers  of  the  day  under  the  signature  of  *  *  * 

April  25.  Present  all  the  members  of  the  Cabinet. 
All  the  articles  of  a  treaty,  in  maximo  and  minimo  were 
agreed  to  without  a  single  dissent  on  any  article:  the 
former  instructions  of  Monroe  were  made  the  ground 
work. 

It  was  proposed  to  consider  whether  any  measures 
should  be  taken  under  the  Act  for  detaching  100,000 
militia.  It  was  agreed  not  on  the  following  grounds: 
1.  It  would  spread  considerable  alarm  through  the 
country.  2.  If  New  Orleans  (the  only  place  at  which 
danger  is  apprehended)  be  really  attacked, succor  from  this 
Act  is  doubtful,  if  not  desperate.  3.  The  language  of 
Spain  is  entirely  pacific  according  to  the  last  letters  from 
Erving.  4.  Were  she  disposed  to  send  troops  across 
the  Atlantic,  she  could  not  do  it  in  the  present  posture 
of  things  on  the  ocean.  5.  At  Havana  they  have 
scarcely  any  troops — certainly  none  to  spare;  at  Pensa- 
cola  and  Mobile  about  600 ;  Baton  Rouge,  170.  6.  In 
New  Orleans  we  have  200,  and  in  the  vicinities,  which 
may  be  drawn  there  in  a  few  days,  1000  more.  The 
militia  of  New  Orleans  may  be  counted  on  from  500  to 
1000,  and  the  seamen  about  as  many  more;  so  that  an 
effective  force  of  about  3000  may  be  relied  on.  We  con 
clude  therefore  to  adopt  the  following  measures: 


*This  note  is  not  in  the  M.  S. 


242  ANAS  of  THOMAS  JEFFERSON:  1806 

1.  The  gunboats  (eight  in  number)  up  the  Ohio  not 
being  ready,  order  the  two  bomb  vessels  and  two  gun 
boats  built  by  Commodore  Preble  to  proceed  immedi 
ately  to  Charleston,  there  take  gunboat  No.  1  and  go  on ; 
the  three  gunboats  to  Lake  Pontchartrain,  and  the  two 
bombs  to  New  Orleans,  where  the  men  and  stores  for 
them  have  been  some  time  arrived.     The  rest  of  the  gun 
boats  from  the  Mediterranean  being  daily  expected  at 
Charleston  or  Savanna,  if  they  arrive  before  those  from 
the  Ohio  come  down,  order  four  to  New  Orleans,  because 
we  consider  six  for  the  Mississippi,  and  three  for  the 
lakes  sufficient;  and  when  the  Ohio  boats  come  down 
the  surplus  may  be  brought  off  to  the  Atlantic  ports. 
The  gun  boats  are  depended  on  to  guard  the  passage 
through  the  lakes  from  the  quarter  of  Mobile,  to  guard 
the  entrance  of  the  mouth  of  the  river  from  the  sea, 
and  to  guard  the  crossing  of  it  at  the  Acadian  settlement 
should  troops  approach  from   Nacogdoches  and  west 
ward  across  the  Chataleya  along  the  road  to  the  Acadian 
settlement. 

2.  Block  houses  and  other  defensive  works  are  im 
mediately  to  be  prepared  on  the  neck  of  land  along  which 
the  approach  lays   from   Baton   Rouge  and   Manshac; 
at  Fort  St.  Jean  and  the  most  advantageous  defiles  on 
the  approaches  from  the  Eastward;  the  troops  remain 
ing  in  the  vicinities,  as  at  present,  on  account  of  their 
health. 

3.  The    militia    of    New    Orleans,    Tombigbee    and 
Natchez  to  be  kept  in  readiness,  those  of  New  Orleans 
for  its  own  defense,  those  of  Tombigbee  to  seize  Mobile 
or  Pensacola,  if  their  garrisons  be  drawn  off  to   New 
Orleans  or  to  follow  on  their  rear;  and  those  of  Natchez 
to  take  Baton  Rouge,  if  the  garrison  be  drawn,  or  to  fol 
low  and  cut  off  their  retreat. 


1806  ANAS  of  THOMAS  JEFFERSON.         243 

There  was  no  dissent  to  any  article  of  this  plan. 

May  1.  Present  the  four  Heads  of  departments.  A 
letter  from  the  Mayor  of  N.  Y.,  complaining  of  the  mur 
der  lately  committed,  and  the  trespasses  by  iheLeander, 
Cambrain  and  Driver,  and  asking  for  a  naval  force,  also 

the  depositions  of  Pierce,  and .     It  was  considered 

that  the  laws  had  made  an  establishment  of  900  men  for 
the  Navy  in  peace,  with  power  to  employ  them  in  any 
vessels  we  thought  proper;  that  these  might  man  three 
frigates ;  that  if  it  would  have  been  thought  proper  with 
three  frigates  to  attack  and  drive  off  these  three  British 
vessels,  yet  that  two  of  the  three  were  absent  in  the 
Mediterranean,  and  the  third  hove  down ;  the  latter  not 
to  be  in  readiness  under  a  month,  and  one  of  the  former 
not  possible  to  be  called  home  under  five  months;  that 
for  so  distant  and  uncertain  an  effect  the  defence  of  our 
commerce  in  the  Mediterranean  ought  not  to  be  aband 
oned;  that  our  gunboats  were  not  as  yet  in  place  to  be 
stationed  in  New  York;  and  that  therefore  no  force  of 
either  of  these  descriptions  were  within  our  power.  It 
was  thought  proper  therefore  to  recommend  a  regular 
prosecution  of  the  murder  by  the  State  Courts  of  N.  Y., 
or  N.  J.,  if  within  their  jurisdiction,  or,  if  out  of  it,  then 
by  the  District  Court  of  the  U.  S.,  and  to  issue  a  procla 
mation  for  apprehending  Henry  (?)  Whitby,  commander 
of  the  Leander,  for  the  murder,  requiring  the  three  ves 
sels  to  depart,  and  interdicting  them,  and  all  other  ves 
sels  commanded  by  the  present  captains  of  the  Cam 
brian  and  Driver  from  the  harbors  and  waters  of  the  U. 
S.,  and  on  their  failure  to  depart,  or  re-entering  them, 
to  prohibit  all  intercourse, — see  the  proclamation  which 
was  communicated  and  approved  by  each  of  the  gen 
tlemen.  In  all  this  there  was  no  difference  of  opinion, 


244  ANAS  of  THOMAS  JEFFERSON.  1806 

except  that  General  Dearborn  thought  we  might  hold  out 
some  promise  of  naval  defence  to  N.  Y. 

On  the  prosecution  of  Ogden  and  Smith  for  partici 
pation  in  Miranda's  expedition  the  defendants  and  their 
friends,  having  contrived  to  make  it  a  government  ques 
tion,  in  which  they  mean  to  have  the  administration 
and  the  judge  tried,  as  the  culprits,  instead  of  them 
selves,  Swartwout,  the  marshal  to  whom,  in  his  duel 
with  Clinton,  Smith  was  second,  and  is  bosom  frien  d 
summoned  a  panel  of  jurors,  the  greater  part  of  which 
were  of  the  bitterest  Federalists,  his  letter  too  covering 
to  a  friend  a  copy  of  Aristides,  and  affirming  that  every 
fact  in  it  was  true  as  Holy  Writ.  Determined  unani 
mously  that  he  be  removed. 

July  11.  Consultation  with  the  Secretary  of  the 
Navy,  nine  gunboats  built  in  the  U.  S.,  and  two  ditto 
bought  in  the  Mediterranean,  with  two  bombs  built  in 
the  U.  S.,  and  two  ditto  bought  in  the  Mediterranean, 
and  three  of  our  brigs,  etc.,  are  daily  expected  to  arrive 
from  the  Mediterranean ;  two  of  the  brigs  to  come  here , 
and  all  the  other  vessels  to  Charleston.  As  everything 
at  New  Orleans  is  now  quiet,  and  therefore  not  pressing, 
we  conclude  to  depend  on  the  eight  gunboats  built  in  the 
Ohio  to  be  in  New  Orleans  in  time,  and  to  join  to  these, 
by  an  immediate  order,  one  of  Treble's  gunboats,  and 
one  of  his  bombs ;  this  will  make  up  the  nine  gunboats 
agreed  on  Apr.  25  for  the  Mississippi  and  Pontchartrain, 
with  the  addition  of  the  bomb,  two  of  the  gunboats  at 
Charleston;  three  shall  remain  there;  three  others  of 
them,  plus  No.  1  (not  fit  for  that  place),  shall  go  to  Nor 
folk;  six  others  of  them,  plus  the  other  of  Treble's  gun 
boats,  shall  go  to  New  York,  one  boat  only,  however, 
is  to  be  kept  manned  at  each  place,  the  rest  to  be  hauled 


1806  ANAS  of  THOMAS  JEFFERSON.  245 

up.  Treble's  other  bomb,  the  four  ditto  from  the  Medi 
terranean,  and  all  the  other  brigs,  etc.,  from  the  Medi 
terranean  to  come  here  to  be  laid  out. 

July  19,  1806.  Consultation  with  the  four  Heads  of 
departments.  An  armed  vessel  at  Norfolk,  fitting  out 
by  Cooper  to  cruise  as  a  Spanish  or  French  privateer,  to 
be  seized  and  placed  under  a  course  of  law;  she  is  com 
plained  of  by  Mr.  Merry;  officer  to  be  indemnified. 
Yrujo — agreed  to  do  nothing  as  yet.  Mr.  Madison 
seemed  of  a  different  opinion. 

One  gunboat  to  be  kept  in  service  at  Charleston,  and 
to  act  against  privateers,  under  former  instructions,  if 
the  appropriation  will  afford  it. 

The  frigate  under  Campbell  in  the  Mediterranean  to 
remain  there  till  next  spring. 

Here  Gen.  Dearborn  was  called  away. 

Swartwout, — if  the  case  versus  Ogden  and  Smith  is  de 
termined  at  the  present  session  he  is  to  be  removed  im 
mediately.  If  it  lies  over  to  another  term  let  him  re 
main  to  another. 

Oct.  22.  Present  the  four  Heads  of  Departments. 
The  Spaniards  have  moved  to  Bayou  Pierre  a  body  of 
1000  or  1200  men,  mostly  militia,  mounted,  and  300 
regulars  are  expected  to  join  them.  Our  regular  force 
in  the  Mississippi  and  Orleans  territories  is  631  men  at 
Natchitoches,  and  ordered  there  from  Fort  Adams  210. 
At  New  Orleans — 240  new  recruits  arrived  or  arriving  at 
Orleans,  making  in  all  1081,  besides  130  at  Tombigbee. 
Two  Gunboats  are  at  New  Orleans  (from  Ohio)  six  more 
daily  expected  from  the  same  quarter.  Two  others 
and  two  bomb  vessels  from  Boston,  are  arriving  there 
about  this  time,  and  Gen.  Wilkinson  asks  500  mounted 


246  ANAS  of  THOMAS  JEFFERSON.  1806 

men,  to  secure  his  operations  if  forced  to  act  hostilly; 
the  Acting  Governor  of  Mississippi  offers  250  volunteers 
for  service  on  the  west  side  of  the  Mississippi,  and  500  if 
employed  on  the  east  side;  the  Governor  of  Orleans 
counts  on  500  militia  from  the  western  countries  of  his 
territories.  Agreed  unanimously  to  require  from  those 
two  territories  500  volunteers,  mounted  on  their  own 
horses,  engaged  to  serve  six  months,  and  to  be  in  readi 
ness  when  called  for  by  the  commanding  officer  of  the 
regulars.  This  under  the  law  of  the  last  session  for 
calling  out  a  detachment  of  militia,  and  further  that 
the  marines  at  New  Orleans  shall  do  garrison  duty  there, 
so  that  the  210  men  at  that  place  may  be  moved  up  to 
Natchitoches ;  the  gunboats  to  be  under  the  orders  of 
the  commnading  officer. 

During  the  last  session  of  Congress,  Col.  Burr,  who 
was  here,  finding  no  hope  of  being  employed  in  any 
Department  of  the  Government,  opened  himself  con 
fidentially  to  some  persons  on  whom  he  thought  he  could 
rely,  on  a  scheme  of  separating  the  Western  from  the 
Atlantic  States,  and  erecting  the  former  into  an  inde 
pendent  Confederacy.  He  had  before  made  a  tour  of 
those  States,  which  had  excited  suspicions,  as  every 
motion  does  of  such  a  Catalinarian  character.  Of  his 
having  made  this  proposition  here  we  have  information 
from  Gen.  Eaton,  through  Mr.  Ely  and  Mr.  Granger. 
He  went  off  this  spring  to  the  Western  country.  Of  his 
movements  on  his  way  information  has  come  to  the 
Secretary  of  State  and  myself,  from  Jofcn  Nicholson  and 
Mr.  Williams  of  the  State  of  N.  J.,  respecting  a  Mr. 
Tyler,  Col.  Morgan,  Neville  and  Roberts  near  Pittsburg, 
and  to  other  citizens  through  other  channels  and  the 
newspapers.  We  are  of  opinion  unanimously  that  con 
fidential  tetters  be  written  to  the  Governor  of  Ohio, 


1806  ANAS  of  THOMAS  JEFFERSON.  247 

Indiana,  Mississippi  and  Orleans,  to  the  district  attorney 
of  Kentucky, — of  Tennessee, — of  Louisiana,  to  have 
him  strictly  watched,  and  on  his  committing  any  overt 
act  unequivocally,  to  have  him  arrested  and  tried  for 
treason,  misdemeanor,  or  whatever  other  offence  the 
act  may  amount  to.  And  in  like  manner  to  arrest  and 
try  any  of  his  followers  committing  acts  against  the 
laws.  We  think  it  proper  also  to  order  some  of  the  gun 
boats  up  to  Fort  Adams,  to  stop  by  force  any  passage 
of  suspicious  persons  going  down  in  force. 

Gen.  Wilkinson  being  expressly  declared  by  Burr,  to 
Eaton,  to  be  engaged  with  him  in  this  design,  as  his 
lieutenant,  or  first  in  command,  and  suspicions  of  in 
fidelity  in  Wilkinson  being  now  become  very  general,  a 
question  is  proposed  what  is  proper  to  be  done  as  to  him, 
on  this  account  as  well  as  for  his  disobedience  of  orders 
received  by  him  June  11,  at  St.  Louis,  to  descend  with 
all  practicable  despatch  to  New  Orleans,  to  mark  out 
the  site  of  cretain  defensive  works  there,  and  then  repair 
to  take  command  at  Natchitoches,  on  which  business  he 
did  not  leave  St.  Louis  till  Sep. — consideration  ad 
journed. 

Oct.  24.  It  is  agreed  unanimously  to  call  for  Captains 
Preble  and  Decatur  to  repair  to  New  Orleans  by  land  or 
sea,  as  they  please,  there  to  take  command  of  the  force 
on  the  water,  and  that  the  Argus,  and  two  gunboats 
from  N.  Y.,  three  from  Norfolk  and  two  from  Charleston 
shall  be  ordered  there,  if  on  a  consultation  between  Mr . 
Gallatin  and  Mr.  Smith  the  appropriations  shall  be 
found  to  enable  us.  That  Preble  shall,  on  consultation 
with  Governor  Claiborne,  have  grea^  discretionary 
powers.  That  Graham  shall  be  sent  through  Kentucky 
on  Burr's  trail,  with  discretionary  powers  to  consult  con- 


248  ANAS  of  THOMAS  JEFFERSON.  1806 

fidentially  with  the  governors,  and  to  arrest  Burr  if  he 
has  made  himself  liable.  He  is  to  have  a  commission  of 
Governor  of  Louisiana,  and  Dr.  Browne  is  to  be  removed. 
Letters  are  to  be  written  by  post  to  Gov.  Claiborne,  the 
Governor  of  Mississippi  and  Col.  Freeman,  to  be  on 
their  guard  against  any  surprise  of  our  ports  or  vessels 
by  him.  The  question  as  to  Gen.  Wilkinson  postponed 
till  Treble's  departure,  for  further  information. 

Oct.  25.  A  mail  arrived  yesterday  from  the  west 
ward,  and  not  one  word  is  heard  from  that  quarter  of 
any  movements  by  Col.  Burr.  This  total  silence  of  the 
officers  of  the  Government,  of  the  members  of  Con 
gress,  of  the  newspapers  proves  he  is  committing  no 
overt  act  against  law.  We  therefore  rescind  the  de 
termination  to  send  Preble,  Decatur,  the  Argus,  or  the 
gunboats,  and,  instead  of  them,  send  off  the  marines, 
which  are  here  to  reinforce,  or  take  the  place  of  the 
garrison  at  New  Orleans,  with  a  view  to  Spanish  opera 
tions;  and,  instead  of  writing  to  the  governors,  &c.,  we 
send  Graham  on  that  route  with  confidential  authority 
to  enquire  into  Burr's  movements,  put  the  governors 
&c.  on  their  guard,  to  provide  for  his  arrest,  if  neces 
sary,  and  to  take  on  himself  the  Government  of  Louisi 
ana.  Letters  are  still  to  be  written  to  Claiborne,  Free 
man  and  the  Governor  of  Mississippi  to  be  on  their 
guard. 

Nov.  8.  Present  the  four  Heads  of  Departments. 
Agreed  on  instructions  to  Gen.  Wilkinson, — which  see. 

Nov.  25.  Present  at  first  the  four  Heads  of  Depart 
ments,  but  after  a  while  Gen.  Dearborn  withdrew,  un 
well.  Despatches  from  Gen.  Wilkinson,  to  myself,  of 


1806  AMAS  of  THOMAS  JEFFERSON.  249 

October  21,  by  a  confidential  officer  (Lt.  Smith),  show 
that  overtures  have  been  made  to  him,  which  decide 
that  the  present  object  of  the  combination  is  an  ex 
pedition  by  sea  against  Vera  Cruz;  and,  by  comparing 
the  contents  of  a  letter  from  Cowles  Meade  to  the  Secre 
tary  of  State  with  the  information  from  Lt.  Smith  that 
a  Mr.  vSwartwout  from  N.  York,  brother  of  the  late 
marshal,  had  been  at  Gen.  Wilkinson's  camp,  we  are 
satisfied  that  Swartwout  has  been  the  agent  through 
whom  overtures  have  been  made  to  Wilkinson.  We 
came  to  the  following  determination:  that  a  Procla 
mation  be  issued,  (see  it)  and  that  orders  go  as  follows 
to  Pittsburg :  If  we  have  a  military  officer  there,  write  to 
him  to  be  vigilant,  in  order  to  discover  whether  there 
are  any  preparations  making,  or  boats,  or  arms,  or  other 
military  stores  or  means  providing  by  any  persons 
against  whom  there  is  reasonable  ground  to  suspect 
that  they  have  in  contemplation  a  military  enterprise 
against  any  of  the  territories  of  Spain  (contrary  to  the 
Stat.  June  5,  94.  C.  50)  and  to  stop  all  bodies  of  armed 
men  who  may  be  assembled  to  descend  the  Ohio  under 
circumstances  and  appearances  so  different  from  those 
of  common  emigrants  as  to  induce  a  reasonable  sus 
picion  that  they  are  a  part  of  a  combination  of  persons 
believed  to  have  such  an  enterprise  in  view;  to  have 
them  bound  to  the  observance  of  the  peace  and  good 
behaviour,  or  to  put  in  a  course  of  legal  prosecution, 
according  to  the  strength  of  the  evidence;  and  for  this 
purpose  to  call  in  the  aid  of  the  militia; — if  we  have  no 
officer  there,  then  write  to  Gen.  Neville — Marietta. 
Mr.  Gallatin  is  to  write  to  the  collector  to  proceed  to 
seize  the  gunboats  building  in  that  neighborhood,  and 
suspected  to  be  designed  for  this  enterprise,  and  to  call 
in  the  aid  of  the  militia.  Gen.  Dearborn  to  write  to 


250  ANAS  of  THOMAS  JEFFERSON.  1806 

Governor  Tiffin  to  furnish  a  guard  of  militia  sufficient 
for  the  detention  of  the  boats,  and  to  write  to  Gen.  Jack 
son,  supposed  to  be  the  General  of  the  Brigade  on  the  Vir 
ginia  side  of  the  river,  to  furnish  any  aid  of  militia 
which  may  be  necessary  from  the  left  bank  of  the  river 
— Louisville.  Gen.  Dearborn  to  write  to  the  Governor 
of  Kentucky  of  the  same  tenor  as  to  the  officer  at  Pitts- 
burg. — Massac.  Gen.  Dearborn  to  give  orders  to  Capt. 
Bissell  of  the  same  tenor,  and  particularly  to  stop  armed 
vessels  suspected  on  good  grounds  to  be  proceeding  on 
this  enterprise,  and  for  this  purpose  to  have  in  readiness 
any  boats  he  can  procure,  fitted  for  enabling  him  to  arrest 
their  passage. — Chickasaw  Bluffs.  Give  same  orders  as 
to  Bissell. — Fort  Adams.  Ditto. — New  Orleans.  Gen. 
Wilkinson  to  direct  the  stations  of  the  armed  vessels 
and,  if  the  arrangements  with  the  Spaniards  will  per 
mit  him  to  withdraw,  let  him  dispose  of  his  force  as  he 
thinks  best  to  prevent  any  such  expedition,  or  any  at 
tempt  on  New  Orleans  or  any  cf  the  posts  or  military 
stores  of  the  U.  S.  (He  is  also  to  arrest  persons  coming 
to  his  camp  and  proposing  a  concurrence  in  any  such 
enterprise,  or  suspected  of  being  in  camp  with  a  view 
to  propagate  such  propositions.  This  addition  is  made 
by  Gen.  Dearborn  with  my  approbation.) 

Dec.  15.  See  a  message  agreed  on  unanimously  to  fur 
nish  money  for  distressed  French.  Not  sent ;  Turreau 
withdrawing  request. 

Dec.  16.  Present  the  four  Heads  of  Departments. 
Being  informed  that  the  Cambrian,  one  of  the  vessels 
proscribed  by  the  Proclamation  of  May  last,  is  in  Hamp 
ton  Roads,  we  agreed  to  issue  the  Proclamation  (which 
see)  dated  Dec.  20.  To  write  to  Generals  Matthews  and 
Wells  to  furnish  militia  for  cutting  off  supplies,  and  to 


1807  ANAS  of  THOMAS  JEFFERSON.  251 

order  the  revenue  cutters  and  boats,  and  the  gunboats 
at  Norfolk  under  Capt.  Decatur  to  attend  to  the  same ; 
but  first  to  inform  Mr.  Erskine  of  what  is  to  be  done,  and 
detain  our  orders  some  days,  to  give  time  for  the  effect 
of  his  interference.  The  papers  were  to  have  gone  off 
on  the  20th,  but  that  morning  he  informed  Mr.  Madi 
son  the  Cambrian  was  gone,  so  our  orders  and  Procla 
mation  were  suppressed.  (See  the  draft  of  the  Pro 
clamation.) 

Dec.  19.  Present  the  Heads  of  Departments,  (except 
Mr.  Gallatin).  See  an  unfinished  letter  of  Dec.  20,  to 
Governor  Claiborne,  containing  the  sum  of  the  orders 
agreed  to  be  sent. 

Feb.  2,  1807.  Present  the  Heads  of  Departments 
and  Attorney  General.  Letters  having  been  received 
from  our  ministers  in  London,  of  Nov.  11,  informing  that 
they  were  likely  to  settle  satisfactorily  the  great  points 
of  Colonial  commerce,  (indirect)  blockade,  jurisdiction, 
commerce  on  footing  gentis  amiscissimae.  Bast  India 
ditto  on  that  of  Jay's  treaty,  but  that  the  right  of  taking 
their  seamen  out  of  our  vessels  at  sea  (which  in  its  exer 
cise  took  ours  also)  would  not  be  given  up  by  treaty, 
though  moderated  in  practice,  and  that  our  commis 
sioners  meant  to  conclude  such  an  one,  I  proposed  these 
questions. 

1. — Shall  we  agree  to  any  treaty  yielding  the  principle 
of  our  non-importation  Act,  and  not  securing  us 
against  impressments?  Unanimously  not.  Because 
it  would  be  yielding  the  only  peaceable  instrument 
for  coercing  all  our  rights.  The  points  they  yield  are 
all  matters  of  right.  They  are  points  which  Bona 
parte  and  Alexander  will  concur  in  settling  at  the  treaty 


252  ANAS  of  THOMAS  JEFFERSON.  1807 

of  peace,  and  probably  in  more  latitude  than  Great 
Britain  would  now  yield  them  to  us,  and  our  treaty 
would  place  on  worse  ground,  as  to  them,  than  will  be 
settled  for  Europe.  The  moment  is  favorable  for 
making  a  stand,  and  they  will  probably  yield,  and  the 
more  probably  as  their  negotiators  had  agreed  to  an 
article  that  they  would  not  impress  on  the  high  seas, 
or  in  any  other  than  their  own  ports ;  which  had  once 
before  been  agreed  to  with  Mr.  King,  but  retracted  in 
both  cases.  We  had  better  have  no  treaty  than  a 
bad  one.  It  will  not  restore  friendship,  but  keep  us 
in  a  state  of  constant  irritation. 

2. — Shall  we  draw  off  in  hostile  attitude,  or  agree  in 
formally  that  there  shall  be  an  understanding  be 
tween  us  that  we  will  act  in  practice  on  the  very  prin 
ciples  proposed  by  the  treaty,  (except  as  to  the  E. 
India  commerce)  they  defining  what  breaks  the  con 
tinuity  of  a  voyage,  blockades,  jurisdiction  &c.,  and 
we  agreeing  to  recommend  to  Congress  to  continue 
the  supervision  of  the  non-importation.  The  last  mode 
decided  unanimous. 

Art  3. — Shall  we  consult  the  Senate?  Unanimously  not. 
Had  the  1st  question  been  decided  affirmatively  their 
advice  should  have  been  asked.  Mr.  Madison  was  not 
satisfied  whether  we  ought  not  to  propose  giving  up 
the  right  of  employing  their  seamen  at  all  in  our  ves 
sels,  and  making  it  penal  on  our  commanders,  as  an 
inducement  to  them  to  give  up  impressment  and 
trust  to  the  effect  of  such  a  law  for  securing  to  them 
the  use  of  all  their  seamen.  Our  commissioners  are 
to  be  immediately  instructed  to  adhere  to  their  origi 
nal  instructions,  which  made  the  impressment  a  sine 
qua  non. 
Feb.  27.  Present  Madison,  Dearborn,  Smith,  Rod- 


1807          ANAS  of  THOMAS  JEFFERSON.  253 

ney.  Agreed  to  discharge  all  the  militia  at  the  stations 
from  the  mouth  of  Cumberland  upwards,  to  give  up  all 
boats  and  provisions  seized  (except  Bleiinerhasset's) 
or  pay  the  value,  applying  them  in  that  case,  to  public 
use ;  to  institute  an  inquiry  into  the  proceedings  of  Burr 
and  his  adherents,  from  N.  Y.  to  New  Orleans,  and  par 
ticularly  to  appoint  good  men  at  the  following  points : 
Pittsburg,  Marietta,  Wood  county,  Cincinnati,  Louis 
ville,  Nashville,  Vincennes,  St.  Louis,  Natchez,  New 
Orleans,  Statesburg,  City  of  Washington,  Philadelphia, 
New  York  and  other  points  in  that  State,  to  take  affi 
davits.  The  Attorney  General  to  prepare  interroga 
tories;  the  vessels  in  the  Mediterranean  to  be  relieved; 
the  Act  for  30,000  volunteers  to  be  committed  to  gov 
ernors  of  Western  States  for  execution.  The  Arkansas 
to  be  explored. 

Mar.  17.  Present  all.  British  treaty.  Agreed  that 
the  article  against  impressrrent  shall  be  a  sine  qua  non, 
according  to  our  instructions  of  Feb.  3.  So  also  the 
withdrawing  the  declaration  respecting  the  French 
decree  of  blockade,  or  the  modifying  it  so  as  not  to  affect 
the  treaty  and,  as  the  treaty  is  opened  for  these  pur 
poses,  endeavor  to  alter  the  following  articles:  1.  E. 
India  trade,  restore  Jay's  articles.  2.  Keep  the  one 
now  in.  3.  Expunge  it,  but  on  this  head  we  are  to 
enquire  of  merchants  before  we  send  the  instruction. 
Art.  8.  Avoid,  if  possible,  the  express  abandonment  of 
free  ships  free  goods.  Art.  10.  Have  blockade  de 
fined  according  to  the  British  note  formerly  received. 
Art.  17.  Expunge  stipulation  to  receive  their  vessels  of 
war  and  especially  the  humiliating  stipulation  to  treat 
their  officers  with  respect,  reserve  the  right  to  indemnifi 
cations — Absolutely  forbid  the  proposed  convention  for 


254  ANAS  of  THOMAS  JEFFERSON.  1807 

giving  them  a  right  to  trade  with  the  Indians  of  Louisi 
ana.  Art.  5.  Tonnage  £c.  Consult  with  merchants. 

A  circular  letter  to  the  governors  &c.,  for  carrying  the 
Volunteer  Act  in  execution  was  agreed  on. 

Persons  were  named  for  conducting  inquiries  into 
Burr's  treasons,  &c.,  and  his  associates,  and  Newark 
and  Trenton  in  Jersey,  and  Newport  in  Kentucky  were 
added. 

It  was  agreed  that  the  seamen  employed  at  New- 
Orleans  were  to  be  considered  and  paid  as  militia  at 
militia  prices,  and  that  the  surplus  pay  stipulated  to 
them  should  be  paid  out  of  the  Navy  funds. 

Apr.  3.  Present  the  Heads  of  Departments.  Agreed 
to  propose  to  Great  Britain  not  to  employ  any  of  her 
seamen,  on  her  stipulating  not  to  impress  from  our 
ships;  to  endeavor  to  make  the  Article  for  indirect  co 
lonial  commerce  coextensive  in  time  with  the  duration 
of  the  treaty;  agreed  also  to  admit  them  under  the  for 
mer  treaty  to  pay  no  more  duty  on  Indian  goods  im 
ported  by  the  Lakes  than  we  take  from  our  own  people, 
on  obtaining  from  them  an  acknowledgement  of  our 
right  to  extend  the  regulation  of  Indian  commerce  with 
in  our  limits  to  their  traders  as  well  as  our  own,  as  is 
the  case  with  commerce  in  general  in  Atlantic  States. 

The  enquiry  into  Burr's  conspiracy  to  be  begun  by 
the  Attorney  General  immediately. 

July  2,  1807.  Present  all  the  Heads  of  Departments 
and  Attorney  General.  The  Proclamation  of  this  day 
unanimously  agreed  to. 

A  copy  of  the  Proclamation  to  be  enclosed  to  the 
Governors. 

Recall  all  our  vessels  from  the  Mediterranean,  bv  a 


1807  AVAS  of  THOMAS  JEFFERSON.  255 

vessel  to  be  sent  express. 

Send  the  Revenge  to  England  with  despatches  to  our 
minister  demanding  satisfaction  for  the  attack  on  the 
Chesapeake,  in  which  must  be  included:  1.  A  dis 
avowal  of  the  Act,  and  of  the  principle  of  searching  a 
public  armed  vessel.  2.  A  restoration  of  the  men 
taken.  3.  A  recall  of  Admiral  Barclay.  Communi 
cate  the  incident  which  has  happened  to  Russia.  Orders 
had  been  already  issued  for  a  court  of  Inquiry  on  Barron. 
The  vessels  recalled  from  the  Mediterranean  are  to  come 
to  Boston.  When  may  be  further  orders. 

July  4.  Present  the  same.  Agreed  that  a  call  of  con 
gress  shall  issue  the  4th  Monday  of  Aug.  (24th)  to  meet 
the  4th  Monday  in  October  (26th)  unless  new  occur 
rences  should  render  an  earlier  call  necssary.  Mr.  Smith 
wished  an  earlier  call. 

July  5.  Present  the  same.  It  was  agreed  to  call  on 
the  governors  of  the  States  to  have  their  quotas  of 
100,000  militia  in  readiness.  The  object  is  to  have 
the  portions  on  the  sea-coast  ready  for  any  emergency, 
and  for  those  in  the  North  we  may  look  to  a  winter  ex 
pedition  against  Canada. 

July  7.  Present  the  Secretaries  of  State  and  Navy, 
and  Attorney  General.  Agreed  to  desire  Governor  of 
Virginia  to  order  such  portion  of  militia  into  actual 
service  as  may  be  necesasry  for  defence  of  Norfolk,  and 
of  the  gunboats  at  Hampton  and  in  Matthews  county. 

July  26.  Norfolk.  Agreed  that  all  the  militia  at 
this  place,  and  on  both  sides  of  James  river,  be  dis 
missed,  except:  1.  An  artillery  company,  to  serve  the 


256 


ANAS  of  THOMAS  JEFFERSON. 


1807 


spare  guns  at  Norfolk,  and  to  be  trained  to  their  man 
agement.  2.  A  troop  of  cavalry,  to  patrol  the  country 
in  the  vicinity  of  the  squadron,  as  well  to  cut  off  their 
supplies  as  to  give  notice  of  any  sudden  danger ;  to  meet 
which  the  militia  of  the  borough  and  neighboring  coun 
tries  must  hold  themselves  in  readiness  to  march  at  a 
moment's  warning,  a  major  to  command  the  two  com 
panies  of  artillery  and  cavalry.  Offensive  measures. 

Prepare  all  necessaries  for  an  attack  of  Upper  Canada 
and  the  upper  part  of  Lower  Canda  as  far  as  the  mouth 
of  Richelieu  river. 

Prepare  also  to  take  possession  of  the  Island  of  Cam- 
pobello,  &c.,  in  the  Bay  of  Passamaquoddy. 

The  points  of  attack  in  Canada  to  be. — 1.  Detroit, 
2.  Niagara,  3.  Kingston,  4.  Montreal. 


1.     Detroit. 


300  Militia  of  Michigan. 
1000  Do.  from  the  State  of  Ohio. 
100  Regulars  from  Fort  Detroit,  Fort 
Wayne. 


2.     Niagara. 


1400 
1500 


Militia    from    Pennsylvania    and 

Genesee. 
One  artillery  company  of  regulars 

from  Niagara. 


3.  Kingston. 

4.  Montreal 


1500 

1500  Militia  from  New  York. 


1500 

1500  Militia  from  New  York. 

2000        "         "     Vermont. 

1000        "         "     Massachusetts. 

1000        "         "      New  Hampshire. 

5500 


1807  ANAS  of  THOMAS  JEFFERSON.  257 

5.     Campobello.     500  Militia  from  Maine. 

10,300  Militia. 

General  Officers  for  the  attack  on 
Detroit,  Gen.  Hull. 

Niagara, 

Kingston,         Gansevoort 
Montreal, 
Campobello,  Col.  Trescott  or  Brig.  Gen.  Chandler. 

It  is  understood  that  everything  which  is  not  already 
in  the  neighborhood  of  the  places  can  be  got,  and  carried 
as  fast  as  the  men  can  be  collected  and  marched,  except 
provisions  to  Detroit. 

Half  tents  and  traveling  carriages  for  artillery  to  be 
made. 

Measures  to  be  taken  for  obtaining  information  from 
Dertoit  through  Gen.  Hull. 

Niagara,  Erastus  Granger. 

Kingston 

Montreal,  Saillee 

Quebec. 

Halifax — some  person  to  be  covered  under  a  com 
mission  of  agency  for. 

Some  merchant  who  may  have  a  vessel  there  under 
adjudication. 

The  Secretary  of  War  to  recommend  to  the  governors 
to  press  for  twelve  month  volunteers  under  the  last  Act, 
rather  than  six  months. 

Do.  under  the  former. 


July  27.     Defensive  measures. 

The  places  needing  defence  divided  into  three  classes : 


258  ANAS  of  THOMAS  JEFFERSON.  1807 

1. — Where  batteries  only  need  be  provided  to  be 
guarded  in  common  by  a  few  men  only,  and  to  be 
manned,  when  necessary,  by  militia. 

2. — Places  which,  from  their  importance,  require  some 
stronger  defense,  but  which,  from  the  forts  already 
built,  the  difficulty  of  access  and  the  strength  of  their 
adjacent  population,  need  only  repairs,  some  incon 
siderable  additions  to  their  works  and  garrisons. 

3. — Places  which,  from  their  importance  and  ease  of 
access  by  land  and  water,  may  be  objects  of  attack 
and  which,  from  the  weakness  of  their  population, 
difficulties  of  defense,  &c.,  will  need  particular  attention 
and  provision.  In  distributing  the  sea  ports  into  these 
classes  their  importance,  so  far  as  depends  on  their 
tonnage,  collection  of  import,  exports  domestic  and 
foreign,  may  be  obtained  from  a  table  prepared  by  the 
Secretary  of  the  Treasury  (which  see). 

1st  class  may  be  taken  from  that  table  readily — per 
haps  some  places  not  in  that  may  require  some  de 
fence. 


3d  Class 

Portsmouth,  N.  H. 

Newburyport 

Salem 

Boston 

Providence 

New  London 

Saybrook 

New  Haven 

Philadelphia 

Wilmington,  Del. 

Baltimore 

James  River 

Ocracoke 

Wilmington,  N.  C. 

Charleston 


On  each  of  these  we  conferred,  suc 
cessively,  and  came  so  far  to  a  gen 
eral  understanding  of  the  nature 
and  extent  of  the  works,  and  num 
ber  of  gunboats  necessary  for  their 
defense,  as  might  enable  the  Sec 
retary  at  War  to  make  out  a  de 
tailed  statement  for  each,  for  fu 
ture  consideration,  estimating  the 
expense  of  works,  number  of  men, 
and  number  of  gunboats  necessary 
for  each. 


1807  ANAS  of  THOMAS  JEFFERSON.         259 


3d  Class. 

Portland                                           "1 

Newport 
New  York 
Alexandria  and 
Washington 
Norfolk 

On    these,    also    successively,    con 
ferences  took  place,  so  as    to  enable 
the   Secretary    at    War  to    make    a 
similar  statement  as  to  them. 

Savanna 

New  Orleans                                  J 

July  28.  The  existing  appropriations  for  fortifica 
tions  being  not  more  than  sufficient  for  New  York,  Char 
leston  and  New  Orleans,  it  is  thought  best  to  employ  them 
entirely  on  those  places,  and  leave  the  others  till  further 
appropriations. 

It  is  thought  that  the  Secretary  of  the  Navy  should 
purchase  on  credit  timber  and  other  materials  for  a  great 
number  of  gunboats,  suppose  100,  but  that  they  should 
chiefly  be  of  those  kinds  which  may  be  useful  for  the 
Navy  should  Congress  not  authorize  the  building  gun 
boats. 

Also  that  he  should  purchase  on  credit  500  tons  of 
saltpetre  and  100  tons  of  sulphur  on  the  presumption 
that  Congress  will  sanction  it. 

Our  stock  of  swords,  pistols  and  mortars  being  not 
sufficient,  the  Secretary  of  War  will  take  measures  for 
procuring  a  supply  of  the  two  former  articles,  and  will 
keep  Troxall  constantly  employed  in  making  mortars, 
until  a  sufficient  stock  be  provided. 

The  Secretary  of  the  Navy  will  take  immediate  meas 
ures  for  procuring  from  London  100  telescopes  of  about 
10  guinea  price,  for  the  establishment  of  telegraphs. 

It  is  agreed  that  15,000  regular  troops  will  be  re 
quisite  for  garrisons,  and  about  as  many  more  as  a  dis 
posable  force,  making  in  the  whole  30,000  regulars. 

It  is  also  recommended  to  the  Secretary  of  the  Navy 


260  ANAS  of  THOMAS  JEFFERSON.  1807 

to  recruit  the  whole  number  of  marines  allowed  by  law, 
to  wit,  about  1100,  principally  for  the  service  of  the 
gunboats.  On  the  question, — Under  what  circum 
stances  I  may  order  Decatur  to  attack  the  British  ves 
sels  in  our  waters,  it  is  the  opinion  that  if  they  should 
blockade  any  place,  preventing  vessels  from  entering 
or  going  out,  or  proceed  systematically  in  taking  our 
vessels  within  our  waters,  that  the  gunboats  should  at 
tack  them,  if  they  can  do  it  with  a  good  prospect  of  suc 
cess.  But  Decatur  is  not  to  do  this  without  orders  from 
me.  Should  they  attack  Norfolk,  or  enter  Elizabeth 
river,  Decatur  may  attack  them  without  waiting  orders. 
In  endeavoring  to  obtain  information  of  the  state  of 
the  British  posts  to  be  attacked,  the  following  will  be  the 
proper  objects  of  enquiry: 

1 .  The  regular  force.  2.  The  force  of  the  militia 
they  may  command,  and  the  temper  and  disposition 
of  the  people,  and  whether  armed. 

3.  The  character  of  the  commanding  officer. 

4.  The  situation  of  the  fort,  whether  in  good  repair — 
if  requiring  regular  approaches — the  situation  of  their 
magazines,  &c. 

5.  Plans  of  the  works ;  maps  of  the  roads ;  what  are  the 
obstacles  to  the  march  of  troops,  &c. 

It  is  agreed  that  Congress  shall  be  called  to  meet  on 
Monday,  the  26th  of  October,  and  that  we  will  assemble 
here  on  Monday,  the  5th  of  October;  the  Proclamation 
to  issue  immediately. 


1807  ANAS  of  THOMAS  JEFFERSON.         261 

Mr.  Gallatin's  estimate. 
30,000  men  employed  ashore  and  in  gunboats® 

300— 9,000',000 

Navy 1,500,000 

Occasional  militia 1,000,000 

Ordnance,  transports,  fortifications 1,500,000 

Interest  on  public  debt 3,500,000 

All   civil   expenses 1,500,000 

18,000,000 
Ways  and  Means. 

Present  impost  reduced  by  war  to 8,000,000 

Additional   duties  and  taxes  2,500,000 

Sales  of  land 500,000 

Deficiency  to  be  supplied  by  annual  loan  ....      7,000,000 

18,000,000 

Besides  which  we  must  borrow  annually  the  install 
ments  of  public  debt  becoming  due  that  year. 

Oct.  10.  Present  the  four  Secretaries.  Agreed  unani 
mously  that,  in  consideration  of  information  received, 
as  to  the  strength  of  the  British  posts  in  Canada,  3000 
men  (instead  of  1500)  must  be  ordered  against  Niagara, 
and  500  only  (instead  of  1500)  against  Kingston.  That 
in  the  message  at  the  opening  of  Congress  the  treaty 
and  negotiations  should  not  be  laid  before  them,  be 
cause  still  depending. 

October  22.  Present  all.  The  Constitution  is  to  re 
main  at  Boston,  having  her  men  discharged;  the  Wasp 
is  to  come  to  N.  York;  the  Chesapeake  is  to  remain  at 
Norfolk;  and  the  sending  the  U.  S.  frigate  to  New  York 
is  reserved  for  further  consideration,  enquiring,  in  the 


262  ANAS  of  THOMAS  JEFFERSON  1807 

meantime,  how  early  she  could  be  ready  to  go.  It  is 
considered  that,  in  case  of  war,  these  frigates  would 
serve  as  receptacles  for  enlisting  seamen  to  fill  the  gun 
boats  occasionally. 

After  agreeing  as  above,  proceeding  to  consider  how 
the  crew  of  the  Constitution  should  be  paid  off  (the 
Navy  funds  being  exhausted)  before  the  meeting  of 
Congress,  it  was  concluded  that,  in  order  to  gain  time 
till  their  meeting,  the  Constitution  should  be  brought 
round  to  N.  York  and  the  United  States  be  destined  for 
Boston. 

Oct.  31.  Gunboats  to  be  stationed  at  N.  York,  17 
at  Norfolk,  3  at  Charleston,  15  at  New  Orleans  and  8 
building  in  Western  country.  They  are  to  have  eight 
men  for  the  guns,  three  sailors  for  the  sails,  and  to  de 
pend  on  militia  of  the  place  for  the  rest,  a  captain  for 
each  flotilla. 

Nov.  26. — Present  all  the  members. 


27. — Do.  except 
the    Attorney    General. 
"      28.— Present  all 
the  members. 


See  a  paper  containing  min 
utes  of  the  proceedings  of 
these  days,  in  which  there  was 
no  dissentient  voice. 


NOD.  27.  Present  all.  Gov.  Hull  writes  from  De 
troit,  Nov.  8th,  that  he  has  called  on  the  Gov.  of  Ohio 
for  500  militia  infantry  and  a  company  of  horse,  in  con 
sequence  of  a  collection  of  Indians,  kept  at  Amherst- 
burg,  and  other  indications  of  war.  General  Dearborn 
having  before  directed  Hull  to  strengthen  his  garrison 
(of  50  regulars)  by  calling  into  service  three  companies 
of  militia  of  the  place,  thought  it  would  be  sufficient  if 
we  ordered  three  or  four  companies  more  from  Ohio. 


1808 ANAS  of  THOMAS  JEFFERSON.  263 

The  other  gentlemen  thought  we  had  better  let  Hull's 
call  take  its  course,  being  attentive  the  moment  we  re 
ceive  intelligence  from  England  to  modify  it  accordingly. 

Agreed  that  an  order  shall  be  enclosed  to  Gov.  Clai- 
borne,  to  remove  by  military  force  intruders  on  the 
Batture  under  the  Act  of  the  last  session  of  Congress. 

Information  being  received  that  great  numbers  of  in 
truders  have  set  down  on  the  lands  lately  obtained  from 
the  Chickasaws  and  Cherokees,  and  particularly  within 
the  Yazoo  tract,  and  some  also  within  the  Cherokee 
lines,  the  Secretary  at  War  is  to  give  immediate  orders 
for  removing  them  by  military  force. 


Jan.  25,  1808.  Mr.  Dawson  called  on  me  and  in 
formed  me  that  yesterday  he  was  called  on  by  a  Mr. 
Hall,  a  native  of  the  U.  S.,  but  a  British  subject,  en 
gaged  in  commerce  here,  who  told  him  he  had  had  a 
vessel  condemned  at  Halifax,  and  was  going  to  England 
to  prosecute  the  appeal.  That,  being  acquainted  with 
Mr.  Erskine,  and  known  also  to  Mr.  Rose  since  his  arri 
val,  he  had  informed  them,  and  they  had  desired  him  to 
be  the  bearer  of  their  despatches,  which  would  be  ready 
on  the  27th.  These  despatches  he  said  would  be  de 
livered  in  a  box,  would  contain  all  their  corrmunica- 
tions  to  their  Government,  consequently  their  opera 
tions  here,  intrigues,  spies,  friends,  information,  their 
own  views,  prospects  and  designs.  That  he  believed 
his  appeal  would  cost  him  as  much  as  he  should  recover, 
that  he  was  now  a  ruined  man,  had  been  cruelly  treated 
by  England,  therefore  wished  to  quit  that  country  and 
become  an  American.  That,  for  a  proper  reward,  (he 
did  not  say  what)  he  would  take  the  papers  out  of  the 
box  which  should  be  delivered  him,  deliver  them  to  us , 


264  ANAS  of  THOMAS  JEFFERSON.  1808 

fill  the  box  with  blank  papers,  return  to  N.  York,  and, 
making  some  excuse  for  not  going,  he  would  send  the 
box  to  its  address.  He  said  we  should  be  on  our  guard , 
for  that  those  ministers  had  many  spies  in  Washington, 
and  one  in  the  President's  house,  who  informed  them  of 
everything  passing.  This  man  is  known  to  have  been 
much  attended  to  by  Erskine,  to  have  been  at  his  par 
ties,  at  those  of  Taylor,  &c. 

My  answer  to  Mr.  Dawson  was  that  the  Government 
would  never  be  concerned  in  any  transaction  of  that 
character;  that  moral  duties  were  as  obligatory  on 
nations  as  on  individuals,  that,  even  in  point  of  interest, 
a  character  of  good  faith  was  of  as  much  value  to  a 
nation  as  an  individual,  and  was  that  by  which  it  would 
gain  most  in  the  long  run.  That,  however,  he  might 
assure  Hall  that  we  would  keep  his  secret.  Mr.  Dawson 
had  consulted  with  Mr.  Nicholas  on  this  communication, 
and,  after  I  had  given  him  the  above  answer,  I  men 
tioned  it  to  Mr.  Madison ,  who  approved  of  it. 

Apr.  5,  '08.  Present  the  four  Secretaries.  Having 
now  100  gunboats  building,  and  about  70  in  service,  we 
agreed  that  20  should  be  stationed  at  New  Orleans,  with 
20  men  in  each,  about  half  a  dozen  to  be  kept  in  differ 
ent  places,  for  enforcing  the  embargo,  with  eight  or  ten 
men  each.  Of  the  residue,  keep  on  the  stocks  as  many 
as  we  can  by  agreement,  for  preservation,  and  to  all 
the  rest  allow  two  men  each.  Let  the  frigates  and 
sloop  remain  where  they  are,  with  about  twenty  or 
thirty  men  each  to  keep  them  clean.  Which  will  re 
duce  the  number  of  seamen  to  less  than  900.  The  ori 
ginal  establishment,  as  the  law  on  which  the  Proclama 
tion  is  founded  expires  with  the  end  of  this  session,  it  is 
rather  believed  that  its  renewal  would  not  renew  the 


1808  ANAS  of  THOMAS  JEFFERSON.  265 

Proclamation;  and,  as  it  would  be  disagreeable  either 
to  renew  or  revoke  it,  we  conclude  to  let  it  go  off  in  that 
doubtful  way  which  may  afford  a  reason  for  not  pro 
ceeding  to  actual  hostilities  against  British  armed  ves 
sels  entering  our  waters.  We  agree  to  renew  the  call 
for  the  100,000  militia  and  volunteers. 

June  30,  '08.  Present  the  four  Secretaries  and  At 
torney  General.  Ninety-six  applications  for  permis 
sion  to  send  vessels  out  for  property.  Agreed  as  general 
rules,  1.  That  no  permission  shall  be  granted  after 

the  of  .     2.     None  to  Europe,  because  of  the 

danger  of  the  capture  or  detention  of  the  vessels,  and 
money  can  be  drawn  thence  so  easily  by  bills,  and  to  such 
advantage  by  the  favorable  exchange.  3.  None  to 
Asia,  or  the  continent  of  Africa,  except  Mogadore.  4; 
None  to  South  America  beyond  the  line.  From  such 
distances  vessels  could  not  return  before  war  may  take 
place.  Agreed  to  continue  the  regulation  of  Mr.  Galla- 
tin's  circular  of  May  20th,  except  that  it  may  be  relaxed 
as  to  vessels  usually  employed  in  the  coasting  trade. 
This  has  a  special  view  to  the  relief  of  North  Carolina, 
that  her  corn  and  lumber  may  be  sent  coastwise.  The 
Chesapeake  being  manned  may  be  sent  on  a  cruise  from 
St.  Mary's  to  Passamaquoddy.  Two  gunboats  are  to 
be  built  on  Lake  Champlain  and  one  on  Lake  Ontario. 
As  many  as  convenient  of  the  troops  now  raising  are  to 
be  rendezvoused  along  Lake  Ontario  and  the  St.  Law 
rence.  A  copy  of  the  Attorney  General's  opinion  on 
the  mandamus  issued  to  Theus  in  South  Carolina  to  be 
sent  to  the  District  Attorney,  with  instructions  to  op 
pose  all  future  attempts  of  the  kind,  and  Theus  to  be 
reprimanded  for  his  countenance  to  the  procedure.  We 


266  ANAS  of  THOMAS  JEFFERSON.  1808 

are  agreed  that  a  mission  to  St.  Petersburg  is  exped 
ient;  the  time  not  now  decided. 


July  6,  '08.  Present  the  four  Secretaries  and  At 
torney  General.  1.  England  revokes  her  orders  of 
November  and  January.  Shall  we  suspend  the  em 
bargo  laws  as  to  her?  Answer,  unanimously,  we  shall. 

2.  If  she  revokes  the  order  of  November  alone  ?   Answer, 
we  shall  suspend,  the  Attorney  General  alone  dissenting. 

3.  If  she  revokes  the  order  of  November  as  to  our  own 
produce  only?     Answer,  unanimously,  not  to  suspend, 
but  in  that  case  to  call  Congress  at  an  earlier  day.     If 
France  repeals  her  Berlin  and  Milan  decrees    and  re 
stores  the  property  sequestered,  shall  we  suspend  the 
embargo  laws  as  to  her? 

Answer. — Call  Congress  and  declare  the  embargo 
laws  as  to  France  suspended  in  14  days.  Mr.  Madison  is 
strongly  opposed  to  this  latter  part — the  suspension — 
because  it  lets  our  vessels  fall  into  the  hands  of  Eng 
land  and  so  pre-determines  the  question  of  war.  If 
the  embargo  is  suspended  as  to  one  of  the  powers,  it 
must  be  so  as  to  the  whole  world  except  the  other  power 
and  all  other  nations  having  similar  decrees  or  orders 
existing  against  us. 

October  22,  '08.  Present  the  four  Secretaries.  (1) 
Intruders  on  the  new  purchase  south  of  the  Tennessee. 
2.  On  the  Indian  lands  (Choctaw  and  Cherokee)  on 
each  side  of  that  purchase.  3.  On  the  north  side  of 
Red  River.  Agreed  unanimously  as  to  the  first  to 
appoint  a  Register  and  he  to  give  notice  to  all  the  in 
truders  to  come  in  and  make  a  declaration  that  they 
have  no  claim  to  the  lands,  and  that  a  military  be  sent 


1808  ANAS  of  THOMAS  JEFFERSON.  267 

in  the  spring  to  remove  all  who  do  not.  There  is  a 
Colonel  Harrison  claiming  and  surveying  under  Coxe, 
who  probably  will  not  disclaim  right  and  will  therefore 
be  removable  without  disturbing  the  others  who  are  said 
to  be  industrious  men  of  property  and  disposed  to  obey 
the  laws.  The  land  office  can  be  opened  in  the  spring 
which  will  settle  everything. 

2.  As  to  intruders  on  the  Indian  lands,  give  notice 
to  depart,  and  if  they  do  not,  remove  them  in  the  spring 
by  military  force,  except  from  Doubleheads'  land.  3. 
As  to  those  on  Red  River,  let  them  alone  and  get  Con 
gress  to  extend  the  land  law  to  them,  as  they  are  con 
veniently  situated  to  support  New  Orleans.  Unani 
mously  agreed  to.  Order  the  detachment  of  100,000 
men  under  the  law  of  last  session,  to  be  ready  early  in 
the  spring  that  we  may  be  prepared  for  any  change  in 
our  foreign  relations. 

Unanimously  agreed  in  the  sentiments  which  should 
be  un-authoritatively  expressed  by  our  agents  to  in 
fluential  persons  in  Cuba  and  Mexico,  to  wit,  "If  you 
remain  under  the  dominion  of  the  kingdom  and  family 
of  Spain,  we  are  contented ;  but  we  should  be  extremely 
unwilling  to  see  you  pass  under  the  dominion  or  as 
cendency  of  France  or  England.  In  the  latter  cases 
should  you  choose  to  declare  independence,  we  cannot 
now  commit  ourselves  by  saying  we  would  make  com 
mon  cause  with  you  but  must  reserve  ourselves  to  act 
according  to  the  then  existing  circumstances ;  but  in  our 
proceedings  we  shall  be  influenced  by  friendship  to  you, 
by  a  firm  belief  that  our  interests  are  intimately  con 
nected,  and  by  the  strongest  repugnance  to  see  you 
under  subordination  to  either  France  or  England,  either 
politically  or  commercially.  Anderson,  our  consul,  go 
ing  to  Havana,  is  to  be  instructed  accordingly;  so  is 


268  ANAS  of  THOMAS  JEFFERSON.  1808 

Hughes  who  is  going  to  Mexico  in  quest  of  Pike's  men ; 
and  Burling  is  to  be  sent  to  the  city  of  Mexico  under 
pretext  of  searching  for  Pike's  men  also,  but  in  truth  to 
communicate  these  sentiments  to  proper  characters. 
Claiborne  is  to  be  intrusted  with  them  also,  to  com 
municate  according  to  the  occasions  he  may  find. 

November  9,  1808.  Conversation  with  Mr.  Erskine. 
He  was  much  alarmed  at  the  conversation  out  of  doors 
looking  like  a  declaration  of  war  with  Great  Britain. 

He  spoke  (declaring  that  if  he  was  an  American  he 
would  so  view  the  thing)  as  the  most  rational  for  us  to 
let  our  commerce  go  out  and  take  its  chance  and  that 
we  should  defend  it  against  all  equally,  indeed  he  seemed 
to  think  it  best  we  should  declare  against  all.  He  said 
this  would  be  viewed  as  so  equal  that  no  rancorous  war 
would  be  waged  by  either  and  peace  would  be  easy  at  any 
time.  I  told  him  that  there  were  but  three  alterna 
tives:  1,  war,  2,  embargo,  3,  submission,  and  that  no 
American  would  look  a  moment  at  the  last.  He  agreed 
to  it. 

I  told  him  I  thought  it  possible  France  might  repeal 
her  decrees  as  to  us,  yet  I  did  not  understand  from  Mr. 
Pinckney's  communications  that  England  would  even 
then  revoke  her  decree;  he  declared  in  the  most  ex 
plicit  terms  she  would.  I  then  explained  that  the 
French  repeal  might  only  go  to  the  high  seas.  He  ob 
served  that  he  did  not  know  that  that  could  produce  a 
repeal  from  England  because  the  exclusion  of  her  mer 
chandise  would  remain. 

I  observed  to  him  that  I  thought  England  was 
operated  on  much  by  misrepresentations  and  from  the 
errors  of  strangers  who  associated  with  but  one  party. 
He  cleared  himself  of  that  by  saying  he  mixed  much 


1808  ANAS  of  THOMAS  JEFFERSON.  269 

with  both,  and  could  not  be  supposed  to  have  any  inter 
est  but  in  coming  at  the  truth  and  communicating  it. 

I  noted  to  him  the  tone  in  the  conversation  of  Mr. 
Canning  in  the  month  of  June  when  Mr.  Pinckney  in 
ferred  the  orders  would  be  revoked  and  the  month  of 
July  when  he  was  totally  off.  I  intimated  to  him  my 
suspicion  that  the  Halifax  expedition  was  intended  to 
support  a  hoped  insurrection  in  Boston.  He  protested 
at  once  decidedly  against  the  error  of  that  suspicion, 
that  his  government  would  not  be  so  uninformed  as 
to  think  of  coutenancing  the  taking  adverse  possession 
of  a  place  they  could  not  hold  many  days,  and  that 
assuredly  they  had  not  a  single  hostile  view  towards  this 
country,  and  that  the  people  of  England  were  equally 
averse  to  a  rupture  with  us.  He  spoke  of  the  situation 
of  Spain  and  that  Bonaparte  would  soon  be  ousted 
there.  (He)  Lamented  the  state  of  the  world  and  I 
joined  him  in  that  and  said,  that  if  either  Bonaparte  or 
his  king  were  to  die  we  would  have  peace.  He  said  the 
Prince  of  Wales  was  as  much  an  Anti-Bonapartian  as 
anybody.  That  he  was  persuaded  there  could  be  no 
safety  in  a  peace  with  him  which  would  let  their  navy  go 
down  and  Bonaparte's  get  up.  I  observed,  that  went 
to  a  principle  of  eternal  war.  He  said  no;  that  that 
danger  would  be  lessened  by  Bonaparte's  death,  or  by 
such  a  spirit  of  insurrection  in  the  North  as  had  ap 
peared  in  Spain. 

I  told  him  I  was  going  out  of  the  administration  and 
therefore  might  say  to  him  things  which  I  would  not  do 
were  I  to  remain  in.  I  wished  to  correct  an  error  which 
I  at  first  thought  his  Government  above  being  led  into 
from  newspapers,  but  I  apprehended  they  had  adopted 
it;  this  was  the  supposed  partiality  of  the  Adminis 
tration  and  particularly  myself  in  favor  of  France  and 


270  ANAS  of  THOMAS  JEFFERSON.  1808 

against  England.  I  observed  that  when  I  came  into 
the  Administration  there  was  nothing  I  so  much  de 
sired  as  to  be  on  a  footing  of  intimate  friendship  with 
England;  that  I  knew  as  long  as  she  was  our  friend  no 
enemy  could  hurt;  that  I  would  have  sacrificed  much  to 
have  effected  it  and  therefore  wished  Mr.  King  to  have 
continued  there  as  a  favorable  instrument;  that  if  there 
had  been  an  equal  disposition  on  their  part  I  thought 
it  might  have  been  effected ;  that  although  the  question 
of  impressments  was  difficult  on  their  side  and  in 
superable  with  us,  yet  had  that  been  the  sole  question, 
we  might  have  shoved  along,  in  the  hope  of  some  com 
promise;  that  indeed  there  was  a  ground  of  accomoda- 
tion  which  his  ministry  had  on  two  occasions  yielded 
to  for  a  short  time,  but  retracted;  that  during  the  ad 
ministration  of  Mr.  Addington  and  the  short  one  of  Mr. 
Fox,  I  had  hoped  such  a  friendship  practicable,  but  that 
during  all  other  administrations  I  had  seen  a  spirit  so 
adverse  to  us  that  I  now  despaired  of  any  change ;  that 
he  might  judge  from  the  communications  now  before 
Congress  whether  there  had  been  any  partiality  to 
France  to  whom  he  would  see  we  had  never  made  the 
proposition  to  revoke  the  embargo  immediately  which 
we  did  to  England  and  again  that  we  had  remon 
strated  strongly  to  them  on  the  style  of  Mr.  Cham- 
pagny's  letter  but  had  not  to  England  on  that  of  Can 
ning  equally  offensive;  that  the  letter  of  Canning  now 
reading  to  Congress  was  written  in  the  high  ropes  and 
would  be  stinging  to  every  American  breast. 

Pie  admitted  Mr.  Canning  wrote  strongly  and  spoke 
strongly,  always  taking  the  highest  ground.  I  told 
him  it  was  an  unhappy  talent,  that  nothing  enabled  a 
man  to  get  along  in  business  so  well  as  a  smooth  tem 
per  and  smooth  style.  I  observed  that  if  we  wished  war  . 


1808  AVAS  of  THOMAS  JEFFERSON.  271 

with  England  as  the  federalists  charged  us,  and  I  feared 
his  Government  might  believe,  nothing  would  have 
been  so  easy  when  the  Chesapeake  was  attacked,  and 
when  even  the  federalists  themselves  would  have  con 
curred,  but  on  the  contrary  that  our  endeavors  had 
been  to  cool  down  our  countrymen  and  carry  it  before 
the  Government.  He  said  it  would  have  been  very 
unjust  to  have  made  an  individual  act  the  ground  of  war, 
which  his  Government  might  and  did  disavow.  I 
agreed  to  that,  but  added  that  the  same  class  of  men 
had  committed  and  were  in  the  habit  of  committing  so 
many  atrocious  insults  on  us,  that  it  was  impossible  not 
to  feel  them  deeply:  that  I  did  not  charge  his  Govern 
ment  with  approving  all  this,  because  I  believed  that 
they  could  not  control  them ;  that  the  officers  were  allied 
to  the  highest  families  in  the  kingdom,  were  supported 
by  such  an  aristocracy  as  that  no  Minister  dare  move 
against  one,  unless  he  had  acted  as  a  coward  and  then  the 
nation  would  support  the  Minister  in  shooting  him.  He 
said  I  was  much  mistaken  in  supposing  the  Govern 
ment  could  not  control  the  officers  of  the  navy;  that 
there  was  such  a  multitude  of  applicants  to  enter  the 
navy  as  placed  the  whole  very  much  under  the  power  of 
the  Government,  and  besides  that  they  had  such  a  num 
ber  of  officers  beyond  what  they  could  employ  as  made 
it  easy  for  a  Minister  to  leave  any  one  unemployed. 

I  told  him  in  the  course  of  the  conversation  that  this 
country  would  never,  return  to  an  intercourse  with 
England  while  those  orders  of  council  were  in  force;  in 
some  part  of  it  also  I  told  him  that  Mr.  Madison  (who 
it  was  pretty  well  seen  would  be  my  successor,  to  which 
he  assented)  had  entertained  the  same  cordial  wishes  as 
myself  to  be  on  friendly  footing  with  England. 

I  committed  all  this  to  writing  tfcfc  moment  Mr.  Ers- 


272  ANAS  of  THOMAS  JEFFERSON.  1809 

kine  left  me.  I  have  always  expressed  the  substance 
and  very  often  the  very  words  and  phrases  expressed. 
They  were  however  much  more  dilated  than  is  here  ex 
pressed  on  paper. 

December  1,  1808. — Present  the  four  Secretaries. 
The  expedition  prepared  at  Halifax,  consisting  of  4000 
men,  is  believed  to  be  kept  in  readiness;  in  case  war 
is  declared  by  us,  or  obviously  imminent,  it  is  to  go 
off  instantly.  Abandoning  Upper  Canada  to  us,  and 
take  possession  of  New  Orleans;  we  threfore  determine 
unanimously  that  all  the  new  recruits  from  Pennsyl 
vania  inclusively,  southwardly  and  westwardly  shall 
be  sent  off  immediately  (being  about  200  men)  those  in 
the  Atlantic  states  by  sea,  the  Western  down  the  Ohio 
and  Mississippi,  and  provisions  to  be  sent  down  the 
Mississippi  with  the  men,  if  the  state  of  the  river  per 
mits  them  to  go;  besides  these  there  are  1000  of  the 
old  troops  which  can  be  rapidly  brought  to  New  Orleans ; 
that  we  may  count  on  1000  good  militia  of  New  Orleans, 
and  1000  of  Mississippi  to  be  instantly  commanded, 
making  a  force  of  5000  men;  that  30  gunboats  shall  be 
immediately  sent  into  Lake  Pontchartrain,  and  we  are 
to  ask  3525  seamen  for  the  next  season,  to  15  for  17  gun 
boats,  and  the  residue  to  fill  the  11  small  vessels  we 
have  from  the  John  Adams,  now  a  corvette,  down. 
These  11  small  vessels  to  be  sent  immediately  to  the 
eastern  ports  to  enforce  the  embargo.  We  are  to  under 
take  to  make  the  canal  at  New  Orleans,  cost  it  what  it 
will.  

February  1,  1809. — Present  all.  On  the  execution 
of  the  act  for  employing  an  additional  naval  force. 
Agreed.  1.  To  raise  men  to  man  the  30  gunboats  to 


1809  ANAS  of  THOMAS  JEFFERSON.  273 

proceed  to  New  Orleans.  2.  As  many  as  will  man 
30  more  to  be  sent  to  different  ports  to  support  the 
embargo.  3.  To  man  the  small  vessels  below  the 
size  of  a  frigate.  4.  To  man  the  Constitution.  By 
the  time  these  are  raised  we  shall  know  whether  the 
embargo,  war,  or  what  else  is  to  be  the  state  of  things. 
The  Chesapeake  is  to  proceed  instantly  to  Boston. 

February  25. — Present,  Secretary  of  State,  Treasury, 
Navy,  Attorney  General.  What  orders  shall  be  given 
as  to  English  and  Spanish  ships  attempting  to  pass 
New  Orleans  for  Baton  Rouge?  Answer. — English 
ships  have  been  hitherto  prohibited,  that  being  the 
highest  port  of  entry.  Spanish  ships  have  been  per 
mitted  to  go  up,  except  when  having  slaves  on  board. 

Let  things  continue  so  till  Congress  rises,  when  their 
proceedings  will  decide  what  should  be  done. 

Agreed  that  orders  shall  be  given  to  the  military  to 
remove  squatters  from  the  lands  of  the  Chickasaws, 
Cherokees,  and  Chocktaws,  except  Doublehead's  re 
serve  and  Wafford's  settlement. 


APPENDIX. 


FIRST  INAUGURAL  ADDRESS 

OF 

THOMAS  JEFFERSON 
Delivered  at  Washington,  D.  C,  March  4,  J80J. 


Friends  and  Fellow  Citizens — 

Called  upon  to  undertake  the  duties  of  the  first  exe 
cutive  office  of  our  country,  I  avail  myself  of  the  pres 
ence  of  that  portion  of  my  fellow-citizens  which  is  here 
assembled  to  express  my  grateful  thanks  for  the  favor 
with  which  they  have  been  pleased  to  look  toward  me, 
to  declare  a  sincere  consciousness  that  the  task  is  above 
my  talents,  and  that  I  approach  it  with  those  anxious 
and  awful  presentiments  which  the  greatness  of  the 
charge  and  the  weakness  of  my  powers  so  justly  inspire. 
A  rising  nation,  spread  over  a  wide  and  fruitful  land, 
traversing  all  the  seas  with  the  rich  productions  of  their 
industry,  engaged  in  commerce  with  nations  who  feel 
power  and  forget  right,  advancing  rapidly  to  destinies 
beyond  the  reach  of  mortal  eye — when  I  contemplate 
these  transcendent  objects,  and  see  the  honor,  the 


278  ANAS  of  THOMAS  JEFFERSON. 

happiness,  and  the  hopes  of  this  beloved  country  com 
mitted  to  the  issue  and  the  auspices  of  this  day,  I  shrink 
from  the  contemplation,  and  humble  myself  before, 
the  magnitude  of  the  undertaking.  Utterly,  indeed, 
should  I  despair  did  not  the  presence  of  many  whom 
I  here  see  remind  me  that  in  the  other  high  authorities 
provided  by  our  constitution  I  shall  find  resources  of 
wisdom,  of  virtue,  and  of  zeal  on  which  to  rely  under  all 
difficulties.  To  you,  then,  gentlemen,  who  are  charged 
with  the  sovereign  functions  of  legislation,  and  to  those 
associated  with  you,  I  look  with  encouragement  for  that 
guidance  and  support  which  may  enable  us  to  steer  with 
safety  the  vessel  in  which  we  are  all  embarked  amidst 
the  conflcting  elements  of  a  troubled  world. 

During  the  contest  of  opinion  through  which  we  have 
passed  the  animation  of  discussions  and  of  exertions 
has  sometimes  worn  an  aspect  which  might  impose  on 
strangers  unused  to  think  freely  and  to  speak  and  to 
write  what  they  think;  but  this  being  now  decided  by 
the  voice  of  the  nation,  announced  according  to  the 
rules  of  the  Constitution,  all  will,  of  course,  arrange 
themselves  under  the  will  of  the  law,  and  unite  in  com 
mon  efforts  for  the  common  good.  All,  too,  will  bear 
n  mind  the  sacred  principle,  that  though  the  will  of 
the  majority  is  in  all  cases  to  prevail,  that  will  to  be 
rightful  must  be  reasonable;  that  the  minority  possess 
their  equal  rights,  which  equal  law  must  protect,  and 
to  violate  would  be  oppression.  Let  us,  then,  fellow- 
citizens,  unite  with  one  heart  and  one  mind.  Let  us 
restore  to  social  intercourse  that  harmony  and  affection 
without  which  liberty  and  even  life  itself  are  but  dreary 
things.  And  let  us  reflect  that,  having  banished  from 
our  land  that  religious  intolerance  under  which  man 
kind  so  long  bled  and  suffered,  we  have  yet  gained  little 


ANAS  of  THOMAS  JEFFERSON.  279 

if  we  countenance  a  political  intolerance  as  despotic, 
as  wicked,  and  capable  of  as  bitter  and  bloody  perse 
cutions. 

During  the  throes  and  convulsions  of  the  ancient 
world,  during  the  agonizing  spasms  of  infuriated  man, 
seeking  through  blood  and  slaughter  his  long- lost  liberty, 
it  was  not  wonderful  that  the  agitation  of  the  billows 
should  reach  even  this  distant  and  peaceful  shore;  that 
this  should  be  more  felt  and  feared  by  some  and  less  by 
others,  and  should  divide  opinions  as  to  measures  of 
safety.  But  every  difference  of  opinion  is  not  a  differ 
ence  of  principle.  We  have  called  by  different  names 
brethren  of  the  same  principle.  We  are  all  Republicans, 
we  are  all  Federalists.  If  there  be  any  among  us  who 
would  wish  to  dissolve  this  Union  or  to  change  its  re 
publican  form,  let  them  stand  undisturbed  as  monu 
ments  of  the  safety  with  which  error  of  opinion  may  be  tol 
erated  where  reason  is  left  free  to  combat  it.  I  know,  in* 
deed,  that  some  honest  men  fear  that  a  republican  gov 
ernment  can  not  be  strong,  that  this  Government  is  not 
strong  enough ;  but  would  the  honest  patriot,  in  the  full 
tide  of  successful  experiment,  abandon  a  government 
which  has  so  far  kept  us  free  and  firm  on  the  theoretic 
and  visionary  fear  that  this  Government,  the  world's 
best  hope,  may  by  possibility  want  energy  to  preserve 
itself?  I  trust  not.  I  believe  this,  on  the  contrary,  the 
strongest  Government  on  earth.  I  believe  it  the  only 
one  where  every  man,  at  the  call  of  the  law,  would  fly 
to  the  standard  of  the  law,  and  would  meet  invasions  of 
the  public  order  as  his  own  personal  concern.  Some 
times  it  is  said  that  man  cannot  be  trusted  with  the 
government  of  himself.  Can  he  then,  be  trusted  with 
the  government  of  others?  Or  have  we  found  angels  in 


280  ANAS  of  T33\{\S  JEFFERSON. 

the  forms  of  kings  to  govern  him?     Let  history  answer 
this  question. 

Let  us,  then,  with  courage  and  confidence  pursue 
our  own  Federal  and  Republican  principles,  our  attach 
ment  to  union  and  representative  government.  Kindly 
separated  by  nature  and  a  wide  ocean  from  the  ex 
terminating  havoc  of  one  quarter  of  the  globe;  too  high- 
minded  to  endure  the  degradation  of  the  others ;  possess 
ing  a  chosen  country,  with  room  enough  for  our  descend 
ants  to  a  thousandth  and  thousandth  generation ;  enter 
taining  a  due  sense  of  our  equal  right  to  the  use  of  our  own 
faculties,  to  the  acquisitions  of  our  own  industry,  to 
honor  and  confidence  from  our  fellow-citizens,  re 
sulting  not  from  birth,  but  from  our  actions  and  their 
sense  of  them;  enlightened  by  a  benign  religion,  pro 
fessed,  indeed,  and  practiced  in  various  forms,  yet  all 
of  them  inculcating  honesty,  truth,  temperance,  grati 
tude,  and  the  love  of  man;  acknowledging  and  adoring 
an  overruling  Providence,  which  by  all  its  dispensa 
tions  proves  that  it  delights  in  the  happiness  of  man 
here  and  his  greater  happiness  hereafter — with  all  these 
blessings,  what  more  is  necessary  to  make  us  a  happy 
and  a  prosperous  people?  Still  one  thing  more,  fellow- 
citizens — a  wise  and  frugal  Government,  which  shall 
restrain  men  from  injuring  one  another,  shall 
leave  them  otherwise  free  to  regulate  their  own  pursuits 
of  industry  and  improvement,  and  shall  not  take  from 
the  mouth  of  labor  the  bread  it  has  earned.  This  is  the 
sum  of  good  government,  and  this  is  necessary  to  close 
the  circle  of  our  felicities. 

About  to  enter,  fellow-citizens,  on  the  exercise  of 
duties  which  comprehend  everything  dear  and  valu 
able  to  you,  it  is  proper  you  should  understand  what  I 
deem  the  essential  principles  of  our  Government,  and 


ANAS  of  THOMAS  JEFFERSON.  281 

consequently  those  which  ought  to  shape  its  adminis 
tration.  I  will  compress  them  within  the  narrowest 
compass  they  will  bear,  stating  the  general  principle, 
but  not  all  its  limitations.  Equal  and  exact  jnstice  to 
all  men,  of  whatever  state  or  persuasion,  religious  or 
political;  peace,  commerce,  and  honest  friendship  with 
all  nations,  entangling  alliances  with  none;  the  support 
of  the  State  governments  in  all  their  rights,  as  the  most 
competent  administrations  for  our  domestic  concerns, 
and  the  surest  bulwarks  against  anti-republican  tenden 
cies  ;  the  preservation  of  the  General  Government  in  its 
whole  constitutional  vigor,  as  the  sheet  anchor  of  our  peace 
at  home  and  safety  abroad;  a  jealous  care  of  the  right 
of  election  by  the  people — a  mild  and  safe  corrective 
of  abuses  which  are  lopped  by  the  sword  of  revolution 
where  peaceable  remedies  are  unprovided;  absolute 
acquiescence  in  the  decisions  of  the  majority,  the  vital 
principle  of  republics,  from  which  is  no  appeal  but  to 
force,  the  vital  principle  and  immediate  parent  of  des 
potism;  a  well-disciplined  militia,  our  best  reliance  in 
peace  and  for  the  first  moments  of  war,  till  regulars  may 
relieve  them;  the  supremacy  of  the  civil  over  the  mili 
tary  authority;  economy  in  the  public  expense,  that 
labor  may  be  lightly  burdened;  the  honest  payment  of 
our  debts  and  sacred  preservation  of  the  public  faith; 
encouragement  of  agriculture,  and  of  commerce  as  its 
handmaid;  the  diffusion  of  information  and  arraign 
ment  of  all  abuses  at  the  bar  of  the  public  reason ;  free 
dom  of  religion;  freedom  of  the  press,  and  freedom  of 
person  under  the  protection  of  the  habeas  corpus,  and 
trial  by  juries  impartially  selected.  These  principles 
form  the  bright  constellation  which  has  gone  before 
us  and  guided  our  steps  through  an  age  of  revolution 
and  reformation.  The  wisdom  of  our  sages  and  blood 


282  ANAS  of  THOMAS  JEFFERSON. 

of  our  heroes  have  been  devoted  to  their  attainment. 
They  should  be  the  creed  of  our  political  faith,  the  text 
of  civic  instruction,  the  touchstone  by  which  to  try  the 
services  of  those  we  trust;  and  should  we  wander  from 
them  in  moments  of  error  or  of  alarm,  let  us  hasten  to 
retrace  our  steps  and  to  regain  the  road  which  alone 
leads  to  peace,  liberty,  and  safety. 

I  repair,  then,  fellow-citizens,  to  the  post  you  have 
assigned  me.  With  experience  enough  in  subordinate 
offices  to  have  seen  the  difficulties  of  this  the  greatest  of 
all,  I  have  learnt  to  expect  that  it  will  rarely  fall 
to  the  lot  of  imperfect  man  to  retire  from  this  station 
with  the  reputation  and  the  favor  which  bring  him  into 
it.  Without  pretensions  to  that  high  confidence  you 
reposed  in  our  first  and  greatest  revolutionary  character, 
whose  preeminent  services  had  entitled  him  to  the  first 
place  in  his  country's  love  and  destined  for  him  the 
fairest  page  in  the  volume  of  faithful  history,  I  ask  so 
much  confidence  only  as  may  give  firmness  and  effect 
to  the  legal  administration  of  your  affairs.  I  shall  often 
go  wrong  through  defect  of  judgment.  When  right,  I 
shall  often  be  thought  wrong  by  those  whose  positions 
will  not  command  a  view  of  the  whole  ground.  I  ask 
your  indulgence  for  my  own  errors,  which  will  never  be 
intentional,  and  your  support  against  the  errors  of 
others,  who  may  condemn  what  they  would  not  if  seen 
in  all  its  parts.  The  approbation  implied  by  your  suf 
frage  is  a  great  consolation  to  me  for  the  past,  and  my 
future  solicitude  will  be  to  retain  the  good  opinion  of 
those  who  have  bestowed  it  in  advance,  to  conciliate  that 
of  others  by  doing  them  all  the  good  in  my  power,  and 
to  b«  instrumental  to  the  happiness  and  freedom  of  all. 

Relying,  then,  on  the  patronage  of  your  good  will, 
I  advance  with  obedience  to  the  work,  ready  to  retire 


ANAS  of  THOMAS  JEFFERSON.  283 

from  it  whenever  you  become  sensible  how  much  better 
choice  it  is  in  your  power  to  make.  And  may  that 
Infinite  Power  which  rules  the  destinies  of  the  universe 
lead  our  councils  to  what  is  best,  and  give  them  a  favor 
able  issue  for  your  peace  and  prosperity. 


RETURN  TO  the  circulation  desk  of  any 
University  of  California  Library 

or  to  the 

NORTHERN  REGIONAL  LIBRARY  FACILITY 
Bldg.  400,  Richmond  Field  Station 
University  of  California 
Richmond,  CA  94804-4698 

ALL  BOOKS  MAY  BE  RECALLED  AFTER  7  DAYS 

•  2-month  loans  may  be  renewed  by  calling 
(510)642-6753 

•  1-year  loans  may  be  recharged  by  bringing 
books  to  NRLF 

•  Renewals  and  recharges  may  be  made  4 
days  prior  to  due  date. 

DUE  AS  STAMPED  BELOW 


FEB 


DEC  2  8 


btion  Desk 
(>te 


12,000(11/95) 


IA,  BERKELEY 
720 

®s 


f 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


GENERAL  LIBRARY  -  U.C.  BERKELEY 


